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

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

Posted

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 substitution for a meeting whereas all potential legal issues can be discussed.

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Asker

Posted

I was assigned an 18B lawyer and i never spoke to the police. She went to grand jury and now Im waiting on trial. Im scared to take this trial but I know the truth, tho I dont think the truth will hold up much in this case. I feel they have no case but the DA is willing to go forward. Thanks i can use all the luck.

Joseph A Lo Piccolo

Joseph A Lo Piccolo

Posted

Well...statistics show most people take pleas so the DA usually banks on that. Make an appt and go over your options w.the 18b attorney. You can get good and bad w/18b so get a feel for your options/chances and then decide to go forward w/the 18b, w/a private attorney or consider a plea IF that is what you feel is best after considering all the factors, including potential jail time and being a registered sex offender for life!

Asker

Posted

Exactly my worries, but I refuse to take a 10 year plea!! I made an appointment with my 18B to see if I should retain a pvt lawyer. I would consider taking a plea if I knew all odds completely were against me and they would lower the sentence. But im most positive they are only giving me this b/c of my prior gun charge back in 2001. Im already considered a violent felon so why believe me. But thanks so much for your help.

Posted

Immediately hire an attorney.

If you'd like to discuss, please feel free to call. Jeff Gold Gold, Stewart & Benes, LLP 1854 Bellmore Ave Bellmore, NY 11710 Telephone -516.512.6333 Email - Jgold@goldstewart.com

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Posted

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.

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Posted

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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Posted

"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 attorney-client relationship. Be mindful, that answers are limited by the limited facts presented by the questioner and are not meant to take the place of competent legal advice by an attorney fully informed of all the facts surrounding your case. However, be aware that nothing posted in a public forum such as this can be deemed confidential or privileged communication. For a privileged private consultation, contact me at 212-385-8600 or via my website www.reasonabledoubtny.com

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Posted

I was arrested on something else, while i was awaiting at Rikers Island i was told there was a secret indictment. I was never picked up on these allegations. How did i get indicted?

Richard C. Southard

Richard C. Southard

Posted

While typically the process in NYC is that you are arrested before they convene a grand jury to secure an indictment, it is not required. The pre-arrest indictment is significant in that judges usually set higher bail in these cases and also you lose the ability to testify before the grand jury. You should consult with a criminal lawyer ASAP.

Posted

You need a good lawyer pronto.

Law Office Of Michael Marley
Phone 917 853 4484

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Posted

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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