Legal Question in Criminal Law in California

15 year old accused of molestation

My son is being accused of molesting a young girl. I believe she's somewhere between the ages of 8-10 years old but am not positive. I know that he will need representation since his being a minor is irrelevant to the charge.

How can I determine who would best represent him on this matter:a juvenile or criminal attorney? What questions should I ask to insure the attorney is qualified? Also, what is the usual retainer for hiring a qualified attorney and what does that retainer usually cover?

Thank you


Asked on 8/25/07, 3:12 am

4 Answers from Attorneys

Anne Marie Healy Law Offices of Anne Marie Healy

Re: 15 year old accused of molestation

You need a juvenile criminal attorney, not just any criminal attorney. Look him/her up on calbar.org to make sure that he/she hasn't been disciplined, or that if he/she has been disciplined, find out what for and see what the explanation is. I would not give more than 5000 because there's a good chance that the matter will be resolved without going to trial. Put an extra 5000 aside just in case. Also, make sure that the attorney works local to the court. You need someone familiar with the court in the area where your son is being charged. And also discuss with the attorney whether he would encourage your son to plead guilty of if he is willing to go to trial if your son is adamant that he is not guilty. There are attorneys who take money but then encourage the client to plead guilty, even when the person is not guilty. You need someone with experience. Don't just call around. Get referrals from other people. Even if someone used an attorney who was a family law attorney, for example, call that attorney and ask for a referral to a good juvenile attorney.

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Answered on 8/25/07, 11:10 am
Robert Miller Robert L. Miller & Associates, A Law Corporation

Re: 15 year old accused of molestation

Thank you for your posting on LawGuru.com, and the opportunity for me to help you by responding to your posting.

The answer to your question is that a criminal defense attorney experienced in juvenile court is a must. You should ask about experience, and how the attorney approaches a case like this, and what strategy he or she best recommends. An important factor is whether or not you get a feel for good communication from the attorney. Attorneys that don't communicate concepts well to you don't usually do well in front of a judge, and because the number one complaints against attorneys is failure to communicate, you'll want someone that is accessible, and that realizes the importance of returning phone calls and answering questions promptly.

The retainer, or fee, can vary wildly depending on the years of experience, the reputation of the attorney, and how geographically close they are to the court where your son's case is pending. Make sure to ask, or note, whether or not the fee covers the entire case, or only up to a certain point - it's not uncommon in felony cases for a fee agreement to cover only a certain stage of the case.

I hope this helps. If you do have other questions, feel that you need legal representation, or want legal advice, please feel free to email me directly at [email protected]. It's my pleasure to help in any way that I can. All the best to you and your son.

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Answered on 8/26/07, 2:58 pm
OCEAN BEACH ASSOCIATES OCEAN BEACH ASSOCIATES

Re: 15 year old accused of molestation

I am sorry that your son is facing these charges. I have been practicing for 20 years and have had many juvenille criminal court cases. I often practice in Riverside County. My priority is to have the charges dropped or reduced. My retainer is based upon how many hours the matter may take to final disposition. I need more information to determine that. Contact me directly.

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Answered on 8/25/07, 12:41 pm
Terry A. Nelson Nelson & Lawless

Re: 15 year old accused of molestation

He needs a criminal defense attorney with experience in juvenile defense. Check how long he's been doing this and ask questions about your case until you get a comfort level and understanding of what he advises, then follow the advice. Don't accept unrealistic promises or expectations. There is no magic wand in the law, just dedicated effort on behalf of the client. Feel free to contact me if interested.

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Answered on 8/25/07, 4:55 pm


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