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Is there anyway of fighting charges for my boyfriend who was 19 at the time getting me pregnant when I was 3months from being 16

Orlando, FL |

We have been in a ongoing relationship with my mothers consent since I was 13 years old (he was 17) I'm now 16 and he just turned 20 in May. I conceived in January . My 16th birthday fell in April his 20th birthday fell in May

Attorney Answers 5

Posted

In Florida victims of crimes have rights, both constitutional (s. 16, Art. I of the Florida's State Constitution) and by statute (see: http://www.flsenate.gov/Laws/Statutes/2011/Chapter960).

Still, in Florida the State Attorney is empowered to bring criminal charges to bear on behalf of all of the people of the State, the victim being only one of those millions of people (albeit usually an important one to the success of their case).

From what you have proffered it sounds to me as though there are some solid mitigating circumstances which the State should consider in regard to this particular offense. Your b/f's criminal defense lawyer will likely determine the best strategy to organize and communicate them to the State, but, if you want to increase your odds at successfully "fighting charges for my boyfriend" then you can hire your own criminal defense lawyer to serve as your Victim's Right's Advocate.

Again, no one can control what the State does on behalf of the people, but the combination of a) compelling mitigating facts, b) a good criminal defense lawyer and c) a victim's rights advocate gives you as good a shot as you're likely to get at a positive outcome.

Although I practice primarily in Miami-Dade County you are welcome to contact my office for a referral or two, or you can search do a location search here on Avvo or you can search the Florida Association of Criminal Defense Lawyers website by locality (please see http://www.facdl.org/ - and click on the "Find A Lawyer" tab).

Either way, best of luck!

No attorney-client relationship exists by virtue of any Q&A on Avvo. Anything that you post on Avvo (or similar sites) or on any social media is by its nature public. It is essentially an admission / confession and can be introduced into evidence as a statement against your interest in a subsequent legal proceeding. Once posted you lose any reasonable expectation of privacy, and as this is an open forum there is no attorney client privilege attached, so be careful (forewarned is forearmed.)

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Posted

Your boyfriend needs a lawyer. The fact is that is is illegal for a 19 year old to engage in sexual activity with a 15 year old. It does not matter whether you consented and it doesn't matter whether your mother consented. If he is convicted then he will have to register as a sex offender and likely face prison. The best thing he can do is hire a lawyer. But without knowing other facts of the case it is impossible to say what his "chances" are. How was this reported to law enforcement? Did you give a statement to the police? Did your boyfriend speak to the police? Has a DNA sample been taken from the baby? There are a lot of things that aren't known yet. Please feel free to contact my office for a free consultation.

This is not to be considered legal advice nor does an attorney-client relationship exist.

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Posted

If he has already been charged, you may make your feelings known to the prosecutor since you are the alleged "victim."

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4 lawyers agree

Posted

Your boyfriend needs an attorney ASAP. You can sign an affidavit letting the prosecutor know that you do not want to prosecute. I need more information regarding the facts of his case to answer your question. Is he in custody? Has he already been to court?

You can get a free consultation on this matter by calling 407-617-1064. Please understand that the information given is not to be construed as legal advice. More information would be needed in order to make a more accurate legal determination on your matter. Furthermore, an attorney-client relationship does not begin until a retainer agreement has been signed by the attorney and client.

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Posted

We need more facts. The one thing we know for sure is that your boyfriend needs a lawyer. It does not matter that you consented, you were under age and the state can proceed whether you want to proceed or not.

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1 comment

Michael Adam Haber

Michael Adam Haber

Posted

I agree completely. But please don't post anymore facts online.

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