i was accused of rape, and i know i didnt do it. what are some key points that i can use to my defense?
Criminal Defense Attorney
Listen to your lawyer and stop searching for the easy answer. Proving innocence is hard to do - follow your lawyers advice.
The above information does not establish an attorney client relationship nor is it meant to provide legal advice.
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Violent Crime Lawyer
While you are always entitled to a second opinion, in Florida at least, you give no facts at all. Are you trying to show up your attorney and prove he isn't doing a good job by finding a genius answer online? I suspect you will not succeed.
It is the State's job to prove you are guilty by presenting proof beyond and to the exclusion of every reasonable doubt. To do so, they need evidence such as witness testimony, or physical evidence.
Do they have your DNA?
Do they have witnesses other than the victim?
Did the victim do a controlled phone call and get you to admit it?
Did you confess the police?
Do they have gps info from your phone or car?
Your attorney could answer all of these questions. We here on Avvo cannot because we do not have that information.
You also commented that you know you didn't do it. Are you claiming to have been somewhere else when the crime occurred? You need to raise an alibi defense. You need credible corroborating witnesses that are not blood relation to succeed. Otherwise the State will be able to rebut your affirmative defense.
Do you claim she consented? You will need to testify to do so.
In closing, let me stress again. Meet with your attorney to discuss all of this.
James Regan, LL.M, Esq.
The response given is not intended to create, nor does it create an ongoing duty to respond to questions. The response does not form an attorney-client relationship, nor is it intended to be anything other than the educated opinion of the author. It should not be relied upon as legal advice. The response given is based upon the limited facts provided by the person asking the question. To the extent additional or different facts exist, the response might possibly change. Attorney is licensed to practice law only in the State of Florida. Responses are based solely on Florida law unless stated otherwise.
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