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If Someone Over Exaggerated the Story, What Would Happen

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  • 05-04-2014, 12:08 PM
    mgemmil
    If Someone Over Exaggerated the Story, What Would Happen
    My question involves criminal law for the state of: California

    A friend of mine is in prison for a crime he did not commit regarding forcing sex by fear. He's going through trials and the girl has admitted only to friends that it really didn't happen like the way she initially described but she's terrified of being given jail time if she claims she over exaggerated the story. For some reason she thinks that however I don't know if it's true or not.

    Sorry, very new to understanding law and whatnot. So is there any way she could get in trouble for dropping the charges?
  • 05-04-2014, 12:17 PM
    Dogmatique
    Re: If Someone Over Exaggerated the Story, What Would Happen
    Quote:

    Quoting mgemmil
    View Post
    My question involves criminal law for the state of: California

    A friend of mine is in prison for a crime he did not commit regarding forcing sex by fear. He's going through trials and the girl has admitted only to friends that it really didn't happen like the way she initially described but she's terrified of being given jail time if she claims she over exaggerated the story. For some reason she thinks that however I don't know if it's true or not.

    Sorry, very new to understanding law and whatnot. So is there any way she could get in trouble for dropping the charges?


    Well, the last time you asked a question you went into a hissy fit.
  • 05-04-2014, 12:37 PM
    mgemmil
    Re: If Someone Over Exaggerated the Story, What Would Happen
    *sigh* This one doesn't hit as close to home. Also, I don't care about this girl.
  • 05-04-2014, 02:19 PM
    Dogmatique
    Re: If Someone Over Exaggerated the Story, What Would Happen
    Then perhaps one of the involved parties should sign up.
  • 05-04-2014, 03:21 PM
    cdwjava
    Re: If Someone Over Exaggerated the Story, What Would Happen
    Quote:

    Quoting mgemmil
    View Post
    My question involves criminal law for the state of: California

    A friend of mine is in prison for a crime he did not commit regarding forcing sex by fear.

    Yet he was found guilty. So, by definition, he committed the crime.

    I will wager that you were not present at the scene of the crime, were you?

    Quote:

    He's going through trials
    Okay ... if he is "going through trials" [sic] then he is NOT in "prison" unless he was remanded there while out on parole. Is he in county jail?

    Quote:

    and the girl has admitted only to friends that it really didn't happen like the way she initially described but she's terrified of being given jail time if she claims she over exaggerated the story. For some reason she thinks that however I don't know if it's true or not.
    Even if she exaggerated that does not mean the crime didn't occur.

    If the matter is still in court, the defense can subpoena these witnesses to testify so as to cast doubt on the victim's veracity.

    Quote:

    Sorry, very new to understanding law and whatnot. So is there any way she could get in trouble for dropping the charges?
    She doesn't get to "drop" charges. The state pursues criminal charges. At this point, the victim is a witness and her only job is to tell the truth.

    And if she wants to confess to making a false report to the police, she should consult her own legal counsel before she does so because she will open herself up to both criminal and civil liability IF that's the truth of the matter.
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