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My fiancé was arrested a week ago for a crime he didn't commit?

Hayward, CA |
Filed under: Criminal defense

We been together for 8yrs and we have a 2yr old girl and he raised my 12yr old since she was 4. She has a history telling stories which end up being lies. He is 40 yrs old no criminal history and she said he touched her when he didn't. She end up telling the detective this. I need help

Attorney Answers 5

Posted

It sounds like your fiance could be facing very serious charges. At this stage, it is certainly possible that a detective won't believe the story and it's the DA who then decides whether to bring charges based on the evidence.

Being innocent doesn't mean you don't need an attorney. Get someone on your side ASAP. The earlier an attorney gets started on this case, the better.

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Posted

His charges are pc288a(1(AF and PC289a(AF and looking for a pro bono attorney being that it's just me and my 2 kids. We don't have family so I don't wat else to do

Nicholas Milan Loncar

Nicholas Milan Loncar

Posted

The public defender is the the "pro bono" attorney when it comes to criminal cases. Unfortunately they don't get appointed until charges have been filed. Perhaps you can talk to the public defender in advance. Your fiance should not make any statements to law enforcement, though. Not without counsel.

Posted

I'm sorry to hear your fiancé is facing such a serious and potentially life destroying allegation. Your fiancé needs a good criminal defense lawyer ASAP. I would recommend contacting some attorneys in your area to find one you are comfortable with and able to hire. If it is not financially feasible for you to hire an attorney of your choosing, the court will appoint an attorney to represent him. Feel free to contact me for more information. I handle cases in Hayward on a regular basis.

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Posted

Im trying to find one pro bono cuz he just got arrested Monday and went to court on Wednesday and they haven't even assigned a DA to his case yet. They are charging him with Pc288a(1(AF and pc289a(AF. Im so stressed and don't know wat to do. I'm on my own with our 2 year old and my 12yr old.

Asker

Posted

My 12yr old told me it was a lie and I called the detective to tell him and he went to her school with another officer and she told them I lied and she said they basically intimidated her and she got scared and nervous. In the room it was only her and detective an officer he took but no school counselor or anyone. So I'm just stressed out. If u can help me. I would greatly appreciate it and would be always thankful

Posted

Perry Mason once said, "it's one thing to be innocent and another thing to prove it." Your fiancee is faced with a serious situation. He needs representation immediately. You will need someone who has experience with suggestability with child witnesses, along with some who has experince with pretrial motions regarding the reliability of the complaining witness. I can't provide enough info in this small space, but your fiancee needs someone with plenty of experience in this area.

Many respectable attorneys offer free consultation. I strongly suggest your fiancee contact at least one immedately.

The response above is not intended as legal advice since it’s impracticable to provide thorough, accurate advice based upon the query without additional details. It is highly recommended that one should seek advice from a criminal defense attorney licensed in your jurisdiction by setting up a confidential meeting. Moreover, this response does not constitute the creation of an attorney-client relationship since this message is not a confidential communication because it was posted on a public website, thereby publicly disclosing the information, which is another reason to setup a confidential meeting with an attorney.

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Posted

If she told the detectives she lied about this what can happen

Michael Kevin Cernyar

Michael Kevin Cernyar

Posted

It is likely that the detectives won't do much. The system rather convict an innocent man than admit they made a mistake. There's a great deal of liability in arresting an innocent person. A lot of work needs to be done on this case and it's expensive. The upside is that in the trial phase you may receive some relief with experts. I suspect this is a felony. What is the bail amount? Is he represented?

Michael Kevin Cernyar

Michael Kevin Cernyar

Posted

Do you know if there was a CAST interview with the 12-year old?

Michael Kevin Cernyar

Michael Kevin Cernyar

Posted

You can call me tomorrow at 800-409-7010. I won't charge you.

Michael Kevin Cernyar

Michael Kevin Cernyar

Posted

If she told the detectives that she lied, it will probably lead to a thorough investigation into the reason she has recanted. If there is even the slightest hint that the recant was suggested by someone else, then there is the likelihood of obstruction of justice charges against that individual. Bear in mind that she has provided inaccurate and misleading information before and is likely to do so again under pressure. So what needs to be done is to show the prosecution that she is lying. A tough, but not impossible task. That's the reason I suggested an attorney who has experience in these matters.

Posted

These cases are extremely difficult and very serious. Any attorney with experience handling these case will be expensive, and don't try to find a bargain. You would likely be much better off with a public defender than a private attorney who does not like these cases or understand what he is doing. Beware of retainer agreements that only take you to preliminary hearing - you don't want to pay somebody thousands of dollars only to see them take the case to prelim and then dump you on the public defender - if this is all you can afford, just go with the public defender from the beginning.

The most helpful thing in a case like this is documenting the girl's history of lying and figuring out her motivation to lie in this case. You should make a list of people she has lied to - teachers, friends, other family members, etc. Provide this list of witnesses to the defense attorney immediately. It also helps if there is a known reason the girl is lying - is you ex involved in this perhaps? Is there something going on with your fiance and the girl - argument or some kind of tension? Anyway, you should think about this and try to figure out her motive for lying.

A case like this may not resolve quickly, and indeed can go to trial. You should prepare yourself for many court dates and a long, drawn out, and very emotional experience.

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Posted

Ms. Wilkerson makes some very excellent points. The most important thing to remember is that these kind of cases are very difficult to defend because a jury can convict a person based on the child's testimony alone. The jury does not need any additional evidence such as DNA or medical evidence. I've handled nothing but sex cases for the last five years and my last 35 jury trials going back to December 2008 have been sex cases, including child molestation. These type of cases are also extremely expensive to defend and can easily run into six figures. It is critical that your boyfriend get an attorney that is knowledgeable, but given the expense and expertise involved, I would stick with the public defender. A reputable attorney simply can't afford to do these cases pro bono. As Ms. Wilkerson pointed out, beware of attorneys who give you a low ball figure just to take your boyfriend to preliminary hearing and then get out when the money is gone. Most importantly, you need to be proactive. Document all instances where your daughter has lied and look for a motivation behind her lies. Then get all this information to his attorney as soon as possible. Good luck to you and your boyfriend.

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