Legal Question in Criminal Law in California

Sexual Battery

My husband is incarcerated on an allegation of sexual battery on a minor. This girl cannot keep her story straight, AT ALL, when we went to the PBX hearing, the DA himself was a little red face because she was contradicting the whole reason he was being held in the first place, she also wrote a letter to the police herself ( hand delivered, with no-one's knowledge) to admit that she was lying, all of this BEFORE the arrest. The DA still believes her. My husband is being represented by a PD, who obviously believes him and wants to take the case to trial. The DA on the otherhand does NOT want to go to trial and is asking the PD to make him a deal. This has been going on for over a year! There is no evidence, just she-say. No other ''victims'', nothing to collorborate her story at all. He is still being held because the bail is so high. How much longer does this keep going on? When will the judge step in and review all evidence?


Asked on 12/01/08, 1:40 pm

1 Answer from Attorneys
Edward Hoffman Law Offices of Edward A. Hoffman

Re: Sexual Battery

The judge will not "step in and review all evidence". That is what trials are for. Even then, the judge will only make the decision if both sides waive a jury.

While it does sound like the D.A. has a weak case, you should not presume that your husband will be acquitted if the case goes to trial. It is common for sexual battery victims -- especially minors -- to tell inconsistent stories. Sometimes this is because they are lying, but more often their confusion is a result of the trauma caused by the assault. Relying on contradictions in her testimony will only get your husband so far, and that may prove not to be far enough.

The public defender is probably doing the best job possible for your husband under the circumstances.

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Answered on 12/01/08, 2:27 pm


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