Legal Question in Criminal Law in California

Is This Really Happening?

In the beginning of febuary my wife's 15 y/o cousin spent the night at our house the night before a big parade, then 2 weeks later she calls CPS And local police saying i gave her drugs and touched her, which is impossible because my wife, her aunt and my 3 children were all in the apartment no more than 10-15 feet away at all times. cps drug tested me and i passed they didnt test her, police took an orange blanket from my home put on the property receipt it says a blue blanket, am i being set up? i know i've used that blanket before am i guilty if i had sex with my wife on near or around that blanket? she's called cps on me before for false allegations but they all said there were no problems. accused people of rape all false what do i do im freakin out


Asked on 4/18/09, 12:45 pm

3 Answers from Attorneys

Terry A. Nelson Nelson & Lawless

Re: Is This Really Happening?

Are you being set up? DUH. You already said she lied, and she has tried before. You'd better take this seriously, as you risk prison time here. Feel free to contact me if you are serious about getting legal help. In the meantime, exercise your 5th Amendment right to SHUT UP and say nothing to police or anyone else.

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Answered on 4/20/09, 2:14 pm
Matthew Koken Law Office of Matthew S. Koken

Re: Is This Really Happening?

Before you go any further I would suggest hiring an attorney. That attorney can be there with you to answer all of your questions and concerns. The attorney can also protect you from police, investigators, etc.

I recommend not talking to anyone about anything, as those statements could be used against you later in court proceedings.

Contact an attorney as soon as possible so that attorney can assist you in the investigative process.

If you have further questions feel free to contact my office. Best of luck.

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Answered on 4/18/09, 2:51 pm
Edward Hoffman Law Offices of Edward A. Hoffman

Re: Is This Really Happening?

I agree with Mr. Koken. I'm also struck that you don't deny the accusations. Instead you say that they are "impossible" because other people were "in the apartment no more than 10-15 feet away". You don't say that any of them were in the same room, though. It is very possible to molest a child and giver her drugs while other people are elsewhere in the same apartment. I'll bet you are well aware of this.

Mr. Koken is right that you need to stop talking about this (except to your lawyer). Making evasive non-denials is a good way to make yourself look guilty.

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Answered on 4/18/09, 7:03 pm


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