Legal Question in Criminal Law in New York

wrongfully accused

My 17yr old nephew was arrested for rape of two sisters. 13 and 16. There was no trace evidence because the girls waited at least a week. There was no doctor visit. The police haven't questioned him. Yet, he is in jail for 9 days now. Is this all legal? All they have is their statement. There were no witnesses. His mother was in the house with them at the time of the alleged attack. Help!


Asked on 4/20/01, 11:51 am

3 Answers from Attorneys
Garry Hanlon

Re: wrongfully accused

The Statements of the Victims alone is sufficient

to convict. There is no legal requirement

of corroboration given their ages and the

nature of the crime.

You would be well advised to hire counsel

as soon as possible.

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Answered on 6/13/01, 7:53 am
Peter Bark Bark & Karpf

Re: wrongfully accused

Under NY State law, a person accused of a Felony can only be held for six days unless he receives a Felony Hearing, is indicted or his lawyer waives the six days. If none of those three things occured, then he is being held illegally. The police have no obligation to question him and hear his side of the story. It sounds like a weak case against him but at this point he has to deal with the detention and seek a Writ to have him released if he is being held illegally.

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Answered on 6/13/01, 7:59 am
Thomas Reilly Learned, Reilly & Learned

Re: wrongfully accused

It's a bit hard to respond since we don't know where he is being held in jail - City, County? He should request assigned lawyer and ask for preliminary hearing and not give a statement yet.

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Answered on 6/12/01, 10:39 pm


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