A public defender is not often going to be assigned prior to arraignment, and never before he is charged.
He will just have to wait and see, i suppose.
- Carl
A public defender is not often going to be assigned prior to arraignment, and never before he is charged.
He will just have to wait and see, i suppose.
- Carl
I was being sarcastic here, based on the sarcastic comment another poster had made regarding another TV series.
Even more of a reason to start doing all the “leg work” on the case yourself, begin gathering all the evidence and information you can so that when the times comes he is charged and you a court appointed lawyer then you can hand copies of the stuff you have gathered over to the lawyer.
First start working on the girl that made the claim, you mentioned she has made false claims before so get as much details regarding that incident as possible. The name of the person she made the claim against, the people’s name of who heard or knows her to have confessed she had made it all up and lied. Get any other information regarding her as possible that makes her look bad or that can help you case.
I am not asking whether your husband is innocent or guilty, and I really don’t care because all I am trying to do is help defend him and since this girl has made up a false claim like this before I don’t take that lightly and think her credibility now is 0 and his much higher if he doesn’t have a criminal record or any past offenses that are sexual.
I have the name of the person she accused before. I guess she ended up telling the police that she was lying and a report was made. My hubby has never been in trouble before for anything other than 1 speeding ticket ever. I dont know what other "leg work" I am supposed to be doing. I have copies of her myspace page where she says that she is 19 when in face she is only 12 as well as a bunch of messages she wrote about her boyfriends (which is a different one each week). Other than that I dont know what else to do, im at a loss. I wish I could afford a lawyer...too bad they didnt do any pro bono work. LOL.
Many minors lie about all sorts of things on MySpace. Proving that ANYTHING said there is the truth will be a stretch. It used to be that MySpace required you to be 14 before you could sign up ... so, this encouraged many kids to lie about their ages. I know a 13 year old that has a profile indicating she's 20. The point is that it is legally rather moot unless some evidence of her wrongdoing can be found that will add som ecredibility to your claims of her being a liar and a seductress. (Of course, only the part of her being a liar will really be relevant)
If your husband is charged, he will have counsel appointed for him.
- Carl
Ok so my 10 year old daughters cell phone went missing on the 5th of this month. This girl my hubby (the accused) got a call from her phone which was still missing. After some investigations of my own this same 12 year old girl stole the phone from our house. She called my hubby this morning. I got the phone back and all the old contacts were deleted and replaced with her own contacts except for my hubbys number which remained in the phone. Even her sisters number was deleted. She admitted to stealing the phone. She didnt talk to him on the phone because he didnt hear it ring but she isnt to have any contact with him whatsoever. Why in the world would she keep his number in the phone if all this supposedly happened to her by him and why would she call? I am waiting on a printout of the phonecalls she made so that I can go and make a police report and also let them know that she called his number. What do you think will happen and will this help our case any?
What is the police report going to be for? Theft of the phone? Violating a court order for no contact (assuming there is such an order)? Something else?
Whether it will help his defense or not is something only his attorney can say.
- Carl
The report will be on the theft of the phone. Funny thing is that my digital camera and my daughters nintendo DS are also missing but she swears she didnt take them. The police told her to not have any contact with him whatsoever. So I dont know if that is a court order or not, just like they told her parents to not tell anyone about his but they are blasting it all over town (we live in a small town) and they have people "looking" for my hubby. We dont have a lawyer and cant get one until/if he is charged. I fully believe that he is innocent. I am not making a police report because she is accusing my hubby of this stuff I am making the report because she stole and needs to be punished for it, her parents just told her that "she shouldnt be stealing" I mean come on, what kid is going to listen to that?
I just want all of this over with so we can move away and get away from it all.
A late report of a theft of a phone might imply she's a thief, but it won't necessarily imply she lied about some sex act. And it might be that she will claim the phone was given to her. In any event, it won't help the state's case if they use her as a witness against your husband.
Then those will be hard to prove.Funny thing is that my digital camera and my daughters nintendo DS are also missing but she swears she didnt take them.
It's not. Unless a judge orders it, it is not a court order.The police told her to not have any contact with him whatsoever. So I dont know if that is a court order or not,
This is not generally going to be a crime unless someone actually comes after your husband on their behalf.just like they told her parents to not tell anyone about his but they are blasting it all over town (we live in a small town) and they have people "looking" for my hubby.
Being that she is under 14 the state will have to also prove that the had the requisite intent to understand the ramifications of her actions. Just another hurdle for a successful theft prosecution. More than likely she would get probation and a fine for the theft.I am not making a police report because she is accusing my hubby of this stuff I am making the report because she stole and needs to be punished for it, her parents just told her that "she shouldnt be stealing" I mean come on, what kid is going to listen to that?
And if she is as unreliable and as much as a whack job as you imply, then I doubt there will be charges pressed down the road. If there are, then it is time to get that attorney.
- Carl