A girl is considering charging me of sexual assault even. It was a back massage, no actual sex or penetration, and it was initiated by her with consent being given multiple times throughout. We were both intoxicated with alcohol. As a guy with no proof other than my word versus her word, and it seems as if courts these days heavily side/sympathize with women during cases of this nature.
- My questions:
1. If they decide to press charges, what is the process that follows? Will I automatically be arrested or do I get to explain what happened?
2. When should I and how do I get a lawyer? For lawyer consultations, are the things I mention during the consultation private/confidential? How do I know if they are the right fit?
3. How likely is it that I will get a fair and unbiased trial?
4. How should I prepare for this as i have never had to worry about trouble with the law before this? I.e. What defenses should I prepare? I don’t have any experience with legal actions whatsoever.
If you have information that she is going to file a police report, it is wise to hire an attorney as soon as possible. Anything you tell an attorney during a consultation is confidential, even if you do not hire that attorney.
It is best not to make any statements about the allegations until you have spoken to an attorney. If you hire an attorney, while the investigation is pending, the attorney could do their own investigation and submit the results to the investigating office or detective with the hopes that a case is not filed against you.
I will first address your second question. Yes hire an attorney. Everything you say to him/her is confidential and protected. He/she will be able to answer the remaining questions. As far finding an attorney, you can search on Avvo or google, and look for experienced attorneys in these type of cases. Most reputable attorneys offer free consultation. Best of luck.
how do I proceed?
The same as anyone potentially charged with a felony: SHUT UP and hire an experienced criminal defense attorney, like one of us here, before harming yourself with further public discussion of your case on this site. Interview the attorney and hire him if you are 'comfortable' with his answers to your questions and his opinions about your case.
He can educate you on the 'process' as you call it and what you are to do.
You don't need to explain anything. As soon as you open your mouth you put yourself at the time and place of the event. It is up to the jury to decide then. Don't put yourself in that situation. Retain counsel to represent your rights before the police contact you. The thing you should say, if law enforcement contacts you, is the following "I would like to assist you but on the advice of my attorney I'm not allowed to speak to you without my attorney present." They will ask for your attorney's business card. Give that business card to them. An experienced attorney will know what to do so this matter doesn't come up again. So retain counsel immediately. It will cost far less now than after you explain your story. Don't go there. Best wishes.
The response above is general information related to law and 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 an 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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