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What do i do about false charges of statutory rape and conduct with a minor?

Victorville, CA |

I have 2 warrants from 5 years ago from CA but live in CO sicne before the warrants were issued. How can I take care of them?

I have already contacted the court where my warrant is with. The lady i spoke to on the phone said that because it had been a long time and was just a misdemeanor I should write a letter to the judge and it would more than likely be dropped. I wrote a very professional and humble letter the judge, which they received, but it was never dropped. I called back several months later and another woman from the court told me there was nothing I could do but show up in person. Why am I being told 2 different things? I even offered to pay a fine but there isn't one? This is hindering me moving forward with my career. Please help. I need probono work in so cal...i am on SSI

i was 18 he was 17 and his parents gave full consent. he filed false charges after he raped me on the 4th of july. if you would like more info i can post it i am not ashamed. also does anyone know any lawyers in so cal? it is victorville ca out of san bernardino county.

Attorney Answers 5

  1. Judges do not open, much less read, letters from people who have crimnal accusations on their record. The only way to clear it is through an attorney. The only pro bono attorneys are public defenders. See if you can get an interview with a public defender in your county (although be forewarned that is not the way the process usually works).

  2. 1) you are being told different things because the court staff can't predict what the DA's office will do on individual cases.
    2) there is no fine because they are criminal charges which you must face.
    3) I recommend hiring a lawyer, regardless of the cost, because these are problematic charges and you need help.
    4) even misdemeanor charges can carry mandatory sex offender registration....

    Thomas A. Schaeffer, Esq. Law Office of Juarez and Schaeffer PO Box 16216, San Diego, CA 92105 (619) 804-4327 This posting is provided for "informational purposes" only and should not be relied upon as "legal advice." Nothing transmitted from this posting constitutes the establishment of an attorney-client relationship. Applicability of the legal principals discussed here may differ substantially in individual situations or in different States.

  3. Being that the charges are misdemeanors you can appear through counsel in California. You should contact a local attorney in the county where the case is and hire him to appear for you and recall the warrants. Alternatively you can appear and ask for public defense which is provided free of charge or at a nominal cost to indigent defendants.

  4. Sorry, but the only way you're going to get this taken care of is with an attorney - either one you hire to appear for you, get the warrant recalled and hopefully get the case dismissed for lack of prosecution on a Serna motion... or the public defender will be appointed, but only when you appear in court and are appointed an attorney to represent you.

    A letter won't clear this up.

    The above answer is for general information only and is based on the information you posted. Every case is fact dependent, so to get a thorough analysis of your situation, you will need to consult face to face with an attorney licensed to practice in the jurisdiction where the incident took place. Do not conclusively rely on any information posted online when deciding what to do about your case.

  5. Every other answer you have received is correct: You will need a lawyer. There are many important facts that are missing here and you should only reveal them to your attorney.

    Keep in mind that while a judge issued a warrant, it was the prosecution that filed the charges, if charges were filed. That means that the prosecution may still wish to prosecute you and the longer you delay in addressing this matter, the worse this can get.

    Court personnel often give out the wrong information, which is one reason so many refuse to do so. They are not allowed to give you legal advice and the fact that you have received two different answers is a good reason why they are often forbidden from giving advice.

    I know this is an answer you do not want to hear, but until you address this matter, in person, with an attorney, your career will remain hindered. Though you may not want to hire an attorney because you think it is too expensive, imagine the cost of not getting counsel and losing your career prospects. Right now, you knowingly have two warrants that could subject you to arrest at anytime. That is no way to live. Address the warrants and put this issue behind you, including addressing the charges, once and for all.

    This does it create an attorney-client relationship. That costs money and this is free.

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