My son was arrested and charged with raping my neice. The ONLY evidence that I know that they are SUPPOSED to have is his saliva

Attorney answers (2)

1. Licensed in OH

   

   James Dye

   Etna Criminal Defense Attorney

   Contributor Level 11

   1

   Lawyer agrees

   Answered September 26, 2011 17:25. Next to capital murder, I would argue that this is THE most serious crime an individual can be accused of. You ABSOLUTELY need to speak with a qualified criminal defense attorney. Not only can a rape charge result in considerable prison time (including a life sentence if the victim is young enough) but any conviction can result in a reporting / registration / notification obligation which may follow the accused the rest of his life.
   
   PLEASE talk with a lawyer: I practice in Columbus (my office is in Pickerington specifically) and can also suggest numerous other qualified defense attorneys. Above all, do not let him speak with any law enforcement or other State agents without an attorney present.
   
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2. Licensed in OH

   

   Jeffrey McCormick

   Washington Court House Criminal Defense Attorney

   Contributor Level 7

   Answered September 28, 2011 21:45. Your son should talk to an attorney as soon as possible and until that time, he should not talk to the police. He has the right to remain silent and should exercise that right. However, he must unequivocally state that he wishes to remain silent or the police can keep asking him questions. Assuming your son is an adult, a rape charge carries lengthy potential prison terms. Depending on your niece's age and other factors, your son could receive life without parole if convicted. The attorney can obtain discovery information from the prosecutor and get a better feel for what evidence exists against your son. Trying to handle this without an attorney is not a good idea.
   
   In addition to the prison terms for conviction, there are registration and reporting requirements that are very demanding.
   
   Oh, and one more thing, prosecutors are NOT allowed to lie to get a confession. They are attorneys and have ethical rules that prohibit lying about facts that are material to a case. However, subject to certain exceptions, police ARE permitted to deceive suspects when they interrogate them.

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