What should I do if Im being charged with Rape 1st Degree and they are false allegations?

Asked over 2 years ago - New York, NY

I started seeing and ex girlfriend of mine after 15 years. We dated for a few weeks, after discussing that I did not want a relationship because I wanted to be with my kids mother she became infuriated. She told me to leave her apt. A few days later I have police coming to question me about raping her. What can I do to prove this is all a lie! It's ruining my life and im facing a lot of time if convicted over a fabricated story.

Attorney answers (7)

  1. Jeffrey Bruce Gold

    Pro

    Contributor Level 19

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    Answered . Immediately hire an attorney.

    If you'd like to discuss, please feel free to call. Jeff Gold Gold, Stewart & Benes, LLP 1854 Bellmore Ave... more
  2. Joseph A Lo Piccolo

    Contributor Level 20

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    Answered . HIRE A LAWYER and do not speak to the police. You can't stop allegations but you can defend against them. Save any communications between the two of you and do not speak with her at all or not without witnesses. Do not say anything you would not want repeated in open court. Do not try and fix this yourself as you will likely make it worse.
    Good Luck!

    I am a criminal defense attorney practicing in Nassau, Suffolk and New York City. The above information is not a... more
  3. Hector Benjamin Perez

    Pro

    Contributor Level 9

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    Answered . Hopefully you have not answered any of the police's questions regarding the matter. If you have not yet been charged, you need to immediately hire a criminal defense attorney to deal with the investigating detective. Do not make the mistake of talking to detectives yourself. Your attorney will invoke your rights and surrender you if need be. That is the smart way to handle a situation like this. Protect yourself from the outset. Good luck.

  4. Benjamin J Lieberman

    Contributor Level 20

    7

    Lawyers agree

    Answered . The police came to question you or were you arrested and charged? Either way don't say or so anything without an attorney no matter what the police tell you.
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  5. Richard C. Southard

    Pro

    Contributor Level 19

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    Answered . "Anything you say can and will be used against you"... Anything your attorney says on your behalf is not evidence and cannot be admitted into trial. This is just one of may advantages to having an attorney at the early stages of an investigation. Unfortunately, the only thing you can do at this point is find an experienced defense lawyer to help you out of this situation. Depending on what evidence the State has, this may come down to your word against her word. You also have a limited right to testify in front of a grand jury on your own behalf. You should be discussing this with an attorney as soon as possible. If the police ultimately do decide to arrest you. Your attorney will arrange for a mutually convenient time to surrender you to the police, with the goal of having you spend as little time in the "system" as possible.


    Richard Southard
    212-385-8600
    I am a former Deputy Bureau Chief with the Kings County DA’s Office and adjunct professor at John Jay College of Criminal Justice, with over 15 years experience specializing in criminal law cases. I offer free in-person, phone and video consultations.

    All answers are for information purposes only. Answering this question or any future questions does not form any... more
  6. Michael Lewis Marley

    Pro

    Contributor Level 14

    5

    Lawyers agree

    Answered . You need a good lawyer pronto.

    Law Office Of Michael Marley
    Phone 917 853 4484

  7. Carlos Gonzalez

    Pro

    Contributor Level 17

    4

    Lawyers agree

    Answered . You need ot hire an attorney ASAP! charges such as this are terribly serious, as yo ualready know, and can be damaging for life...

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