Lewd Conduct With a Minor
My question involves criminal law for the state of: CA
I was arrested on charges of lewd conduct with an under 14. Right as I was scheduled to get arraigned about 65 hrs later my lawyer said it was being delayed. Then not 10 min. later I was free to go. Also the bail amount was bumped up while I was held, to a very high figure. Then I'm freed with no bail at all .
My attorney said the investigation is continuing ( home was searched, many computers taken ). I have not been charged yet, apparently.
I am still confused by this. Could it be that the accuser is backing out or not willing to go to trial ?
What would be other causes of such an abrupt release? I'm obviously very nervous right now to say the least.
Thanks for any comments. ( sorry if I double posted )
Re: Arrested for Lewd Conduct W Under 14, Held W High Bail, then Abrupt Release . Why
It could be that your accuser has recanted or is reluctant to testify…or simply that the prosecutor wants more time to prepare the case against you. Your attorney should be able to find out what is going on shortly. But, from what you have stated, it does NOT sound like the charges against you have been dismissed, merely a delay in filing charges by the prosecutor. You cannot be held until the prosecutor is prepared to file charges and proceed with the adjudication process. It sounds likely that the prosecutor is simply compiling and reviewing evidence (basically getting all the ducks in a row) before proceeding with charges against you.
Keep in touch with your attorney. This doesn't sound like it is over for you.
Re: Arrested for Lewd Conduct W Under 14, Held W High Bail, then Abrupt Release . Why
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Quoting
lesd
My question involves criminal law for the state of: CA
I was arrested on charges of lewd conduct with an under 14. Right as I was scheduled to get arraigned about 65 hrs later my lawyer said it was being delayed. Then not 10 min. later I was free to go. Also the bail amount was bumped up while I was held, to a very high figure. Then I'm freed with no bail at all .
My attorney said the investigation is continuing ( home was searched, many computers taken ). I have not been charged yet, apparently.
I am still confused by this. Could it be that the accuser is backing out or not willing to go to trial ?
What would be other causes of such an abrupt release? I'm obviously very nervous right now to say the least.
Thanks for any comments. ( sorry if I double posted )
Had you been held and arraigned, the state would have 45 days to bring you to trial. It's not so likely that the accuser has gotten cold feet so much as it is that the investigators suspect there might be more victims or additional offenses and they are looking into these possibilities. They have three years (or more) to bring you to heel for these offenses, so they do not have to rush the investigation. The only time investigators are likely to keep you in custody and begin the process earlier than they'd like would be if there is a continued threat to the victim (i.e. you were a caregiver or lived in the same home, etc.).