Legal Question in Criminal Law in California

i am being charged with 288(A)PC. The girl 13 years old. I was wrong for what I did. I am seeking therapy. I have no crimal record. If I plede no contest will I have to serve jail time


Asked on 12/25/12, 5:29 pm

3 Answers from Attorneys

Joe Dane Law Office of Joe Dane

Depending on the facts of the case and how the DA charges it, you could be looking at mandatory prison, not just jail time. There are many additional allegations the DA can charge that can also turn this into a 15-life offense.

If you don't already have an attorney, get one ASAP. The therapy is a good start, but there may also be legal or factual defenses available. In the mean time, do not make ANY statements about this to anyone. That includes phone calls, as the police may be recording.

If this is an Orange County case and you would like to discus representation further, give me a call.

Please pardon any typos - posted via mobile device.

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Answered on 12/25/12, 5:39 pm
Edward Hoffman Law Offices of Edward A. Hoffman

Yes. In fact, you may well be sentenced to a very long term in prison. Inmates convicted of this particular crime usually have an *extremely* unpleasant time behind bars, courtesy of their fellow inmates.

You need a good lawyer right away. This is almost certainly the biggest crisis you have ever faced or ever will. Your entire future is at stake. You need the best help you can get, and you need it now.

Good luck.

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Answered on 12/25/12, 5:54 pm
Terry A. Nelson Nelson & Lawless

It is a pretty good bet that if you plead guilty [which is what no contest means] you will be looking at substantial state prison time. That would certainly not be what any competent attorney would advise you to do.

When charged with any crime, the proper questions are, can any evidence obtained in a test, search or statement be used against you, can you be convicted, and what can you do? A little free advice: exercise the 5th Amendment right to SHUT UP and do NOT talk to police or anyone about the case except with and through an attorney. No amount of free 'tips and hints' from here or elsewhere are going to effectively help in a legal defense. If you don't know how to represent yourself effectively against an experienced prosecutor intending to convict, then hire an attorney who does, who will try to get a dismissal, charge reduction, diversion, programs, or other decent outcome through motions, plea bargain, or take it to trial if appropriate.

If serious about hiring counsel to help in this, feel free to contact me. I�ll help fight and get the best outcome possible, using whatever defenses and sympathies there may be.

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Answered on 12/25/12, 11:09 pm


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