Legal Question in Criminal Law in California

molestation

Now 30 yr old son was arrested for molesting then 11 yr old nephew, 6 years ago.David is now a married man,wife, yr old son and new baby on the way. No other record for David. Mike( the victim) said in court that David never threatened him in anyway.since then, they have had a good family relationship. He just told family about this now. 6 yrs ago there were 4 times of molestation in one week and never again.

Dave can't afford a lawyer. He only sees the PD for a few minutes in court. The DA offord an 8 yr sentence. How do we fight this? As stated before, Dave has a clean record. Mike has a felony charge of arson. could this be used? Dave feels he is lost in the system and we have no clue as how to help him. He is at L.A. mens central


Asked on 12/18/03, 2:46 pm

4 Answers from Attorneys

Lyle Johnson Bedi and Johnson Attorneys at Law

Re: molestation

These cases are difficult to defend. As the others have stated the public defender's problem is the heavy case load that limits the amount of time spent with the client and the investigation time. Often in these cases the best approach is for the entire family to pool their rescources and hire a private attorney with experience in this type of case.

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Answered on 12/18/03, 10:46 pm
H.M. Torrey The Law Offices of H.M. Torrey

Re: molestation

the situation you describe does sound unfortunate to say the least, all the way around.

the best options under the circumstances for your son, would be to either do his best to help prepare his case facts with the public defender in a manner to find some legal excuse or mitigating factors to defeat the charges. however, the public defender typically has MANY different cases from day to day and its often easy for one person or case to feel as if its getting lost in the shuffle per se. the other option is for you or your son to retain a private attorney who can concentrate his/her efforts more effectively on your son's case. if you have even a little capital to invest toward a private attorney, you may be able to find one willing to take the case or legally assist you in some aspect of the case. but bottomline, we feel a private attorney is your best bet here under the factual circumstances you have described in most effectively assisting your son and giving all of you peace of mind. if you would like a free phone consultation, email us directly with your contact information today.

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Answered on 12/18/03, 3:07 pm
Robert Miller Robert L. Miller & Associates, A Law Corporation

Re: molestation

Thank you for your posting.

A case is best fought by using every legal and factual defense to attack the charges themselves, or force the prosecution to prove, or admit they can't prove, every element of the case. From there, mitigating factors, such as the family, may be important, but I agree with the private attorney suggestion. A private attorney generally has more time to spend going over options, strategy, and defenses, investigating the case, and educating you and him during the process, than the public defender would.

I hope that this information helps, but if you want more information, have further questions, or feel that you need legal representation, please feel free to email me directly at [email protected]. It's my pleasure to assist you in any way that I can.

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Answered on 12/18/03, 4:41 pm
Terry A. Nelson Nelson & Lawless

Re: molestation

Sorry, but the obvious answer is that he needs to hire his own private attorney if the PD is not providing the attention you believe is necessary. If he can't afford one, then the PD is it. Try to make an appointment for all of you to talk with the PD and see if that helps. Keep in mind that a conviction on those charges will likely carry a lifetime 'registration as a sex offender', so it is in his interest to get the best defense and representation possible. Contact me if interested in doing so.

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Answered on 12/18/03, 5:27 pm


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