an accused of rape cries when lawyer asked for cas to be dismissed

by Tressie Heathcote Jr. 8 min read

How does a rape defense attorney determine if you are a rapist?

Aug 04, 2021 · A Rape Defense Lawyer’s Advice for Handling False Rape Allegations. By: Meltzer & Bell, P.A. Aug. 04 2021. Rape charges are traumatic. If the charges are not defended effectively, the defendant can suffer jail terms and wind up in a sex registry. If false allegations are not dismissed quickly, they may have devastating effects on the accused ...

How does a rape defense lawyer establish an alibi?

In reality, it’s nothing of the sort. Having a case dismissed with or without prejudice determines whether or not a case is permanently closed. When a case is dismissed with prejudice, it’s closed for good. Neither party can reopen the case at a later date, and the matter is considered permanently resolved. On the other hand, dismissing a ...

Is a pattern of false statements a winning defense to rape?

Oct 08, 2021 · (CNN)A federal judge in Nevada has recommended that the rape case involving Manchester United forward Cristiano Ronaldo be dismissed. Kathryn Mayorga had accused Ronaldo of raping her in a Las ...

Is it easy to be falsely accused of rape?

7031 Koll Center Pkwy, Pleasanton, CA 94566. master:2022-04-19_10-08-26. Not every defendant who faces criminal charges will proceed to trial or a plea. Many cases end up being dismissed, by the prosecutor or the court. The first task for a defense attorney in a criminal case is to determine whether there are any grounds on which the case could ...

How do you beat false accusations?

How to Defend Yourself Against False Accusations
  1. Stay Calm. ...
  2. Hire an Attorney to Help You Fight Back. ...
  3. Gather Evidence. ...
  4. Challenge the Accuser's Credibility. ...
  5. Find Your Own Witnesses and Present Evidence of Your Side of the Story. ...
  6. Develop a Strategy in Criminal Defense Cases.

What is considered rape in CA?

California law defines rape as nonconsensual sexual intercourse accomplished by means of: Violence, duress, threats or fraud, or. The victim being unconscious or otherwise unable to consent.

What is 3rd degree rape State of California?

(3) When the victim submits under the belief that the person committing the act is someone known to the victim, other than the offender, and such belief is intentionally induced by any artifice, pretense, or concealment practiced by the offender. (4) When the offender acts without the consent of the victim.Mar 18, 2022

What is a date rape charge?

Date Rape or Acquaintance Rape

"Date rape" is a term colloquially used to refer to sexual assault by a person involved in a romantic or potentially romantic relationship with the victim.

What's the difference between rape and statutory rape?

Statutory rape and rape are very different crimes. Rape requires force, fear of other intimidation in order to complete the act of sexual intercourse. Statutory rape is merely the act of having consensual intercourse with someone who you know or should have known is under 18 years of age.Sep 21, 2017

Is rape a felony or misdemeanor in California?

Rape is a felony offense in California. The crime is punishable by: custody in state prison for up to eight years, and/or. felony (or formal) probation.

What is the Romeo and Juliet clause?

Romeo and Juliet laws concern young adults or teenagers a few years apart who willingly have sexual relations. The purpose of Romeo and Juliet provisions is to prevent a sexual act that occurred between individuals within a few years of age from being considered a criminal offense.Jul 14, 2021

False Rape Accusations Are Common Occurrences

False rape allegations account for roughly 2% of all rape reports. According to statistics, 5-10% of reported rape cases are determined to be unfounded by authorities. (Unfounded means that police and other local authorities have determined the rape incidence never happened.)

What is the Impact of False Rape Allegations?

Take false rape accusations seriously. After all, such allegations have tragic consequences.

Are There Defenses to Rape?

If you’re accused of rape, your defense is to prove voluntary consent. Note, if permission is given before sex and not during sex, that’s still considered rape. It’s therefore important to contact a rape defense lawyer as soon as possible – before the allegations spread and get out of hand.

Charged with Rape? Contact Meltzer & Bell P.A

Discussing your case with a rape defense lawyer helps you learn of the case’s strengths and weaknesses. It also gives you insights into the risks of possible conviction and the associated punishment if found guilty.

Can you get your case dismissed?

While it’s certainly possible to get your case dismissed, and you may even be able to have the charges dropped before the case goes to court, doing so will require the assistance of an experienced criminal defense attorney. Failure to close your case properly could leave the door open for someone to reopen your case in the future.

Can a case be dismissed without prejudice?

Neither party can reopen the case at a later date, and the matter is considered permanently resolved. On the other hand, dismissing a case without prejudice leaves the door open for the case to be reopened down the road. Generally speaking, dismissing a case with prejudice is good news for the defendant in a case as it closes ...

What does it mean when a case is dismissed with prejudice?

When a case is dismissed with prejudice, it’s closed for good. Neither party can reopen the case at a later date, and the matter is considered permanently resolved. On the other hand, dismissing a case without prejudice leaves ...

Who is the prosecuting party in a civil case?

In civil cases, the prosecuting party would be the individual or organization that filed the lawsuit. The victim in a criminal case may influence a prosecutor’s decision to voluntarily dismiss a case, but the decision ultimately rests with the prosecutor.

What happens if a jury fails to deliver a unanimous verdict?

When a jury fails to deliver an unanimous verdict, the defense may file a motion to declare a mistrial. The judge may ask the jury to take additional time to deliberate and attempt to reach a verdict, but if it becomes clear that an unanimous verdict is out of the question, the judge will declare a mistrial.

How long does it take to clear a criminal record?

To clear your record, you’ll have to request an expungement. The process typically takes 4 – 6 months, and is best handled with the assistance of an attorney.

How long does it take to get your record expunged?

To clear your record, you’ll have to request an expungement. The process typically takes 4 – 6 months, and is best handled with the assistance of an attorney. It’s a critical step that’s often overlooked, and can seriously harm your career if it isn’t handled promptly.

Why can't a prosecutor dismiss a case?

If a key witness in a criminal case is unavailable to testify or the prosecution loses important physical evidence, the prosecutor may have no choice but to dismiss the case because there is not enough evidence to prove guilt beyond a reasonable doubt. In some cases, physical evidence is so important that, without it, the prosecutor cannot prove the case. If a witness disappears, dies, or refuses to testify on Fifth Amendment grounds (because his testimony may incriminate him, in that it shows that he also committed a crime), the prosecutor may not have enough evidence without the witness' testimony.

Can a prosecutor dismiss a charge without prejudice?

Prosecutors can dismiss charges "without prejudice," which allows the prosecutor to re-file the case at a later date within a certain time period. A prosecutor might agree to dismiss a minor charge as long as the defendant does not pick up any new charges or get into any trouble within one year.

What is the first task of a defense attorney in a criminal case?

The first task for a defense attorney in a criminal case is to determine whether there are any grounds on which the case could be dismissed before a plea or trial. Some grounds for dismissal include: lack of evidence to prove the defendant committed the crime.

What is an unavailable witness?

an unavailable witness who is necessary to prove defendant committed the crime, and. loss of evidence necessary to prove defendant committed the crime. Occasionally, cases are dismissed after the defendant has gone to trial, lost, and won an appeal.

What happens when a police officer writes a criminal complaint?

When a law enforcement officer writes a criminal complaint or charging document, the officer must sign the document under oath, attesting to the truthfulness of the contents. State and local law direct what information a complaint or charging document must contain. If the complaint does not comport with state or local law because of a significant error or omission, the prosecutor cannot simply edit the document by hand and submit it to the court. The officer who wrote and signed the complaint, under oath, must make those changes. If the officer retires or leaves his job before the error is discovered or is unavailable for some other reason and no other officer was involved in the case, the prosecutor may have to dismiss the complaint.

Can police search a car without a warrant?

Police can search a person, for example, after arresting the person for a crime or if an officer has a reasonable belief that the person is carrying a deadly weapon. Police can search a car without a warrant after arresting a driver for driving while intoxicated or other crime.

What can a federal court hear?

Courts can hear only those cases that they have the power to hear, which is given to them by legislators and the constitution. Now and then, a court oversteps its bounds and hears a case it has no right to hear. For example, federal courts can try cases that arise on federal property, but not state property. Imagine a robbery on land that the federal trial court thinks is owned by the government, but it turns out (on appeal) that the property is state land. The federal appellate court would overturn the conviction (leaving the state free to charge the offense in state court). A trial in state court would not involve a violation of double jeopardy, because the federal and state courts are different sovereigns.

How to get a felony case dismissed?

This is usually done when the evidence appears insufficient to prosecute. Other ways for a defendant to get a felony charge dismissed is to go through trial and obtain a "not guilty" verdict or to attend a pretrial diversionary program.

Can a judge dismiss a case?

If, at any point after criminal charges are filed, the prosecutor determines that the evidence is not strong enough to convince a jury of the charges, she can dismiss the case. A judge can also order a dismissal on the defendant's motion to dismiss (usually after the prosecutor rests her case) if it is clear to the court ...

How long does it take for a nolle to be dismissed in Connecticut?

Under Connecticut law, a nolled case is deemed dismissed 13 months after the nolle date but can be re -opened for any reason within that period.

What are the three categories of crimes?

Crimes generally fall into one of three categories: infraction , misdemeanors and felonies. Infractions are issued for relatively small matters like speeding tickets. Misdemeanors are lesser crimes, defined as crimes punishable by no more than a year in jail. Felonies are more serious crimes.

Provide an Alibi

Having an alibi may be the best possible defense to false rape allegations. If you were not present at the location of the crime at the time it was committed, you may be able to use the alibi defense.

Use Witness Testimony

Witnesses could be crucial in helping absolve you of false rape allegations.

Have Character Witnesses Testify About Your Good Character

Character witnesses are witnesses that may not have been present at the time of the alleged rape, but they can testify regarding your character. Having witnesses testify as to your good moral character could persuade a jury that you are not the type of person who would commit the crime of rape.

Receive a Medical Evaluation

An experienced rape defense attorney may have you undergo an evaluation by a medical professional who will determine if you fit the profile of someone who would commit the crime of rape.

Attack DNA Evidence

Many rape cases rely on DNA evidence to prove the defendant is guilty of rape. Your experienced rape attorney may be able to challenge the use of DNA as evidence by calling into question how police handled the evidence.

Establish Whether the Alleged Victim was Intoxicated

Many false accusations of rape occur when one or both parties involved in the act of intercourse were under the influence of drugs or alcohol. If the alleged victim was intoxicated, then his or her ability to accurately recall events will be in question.

Provide a Record of Your Contact with the Alleged Victim

In order to show that the sexual intercourse between you and the alleged victim was consensual, you should provide your rape defense lawyer with any text messages, social media posts and any other electronic communication you had with the alleged victim before and after the alleged incident.

What to Do First

  • If you have been charged with rape, you should retain an attorney as soon as possible. You should also: 1. gather and preserve any physical evidence relating to the alleged victim and the incident (clothing, photos, videos, and objects) 2. gather and preserve any documents or records that could relate to the case, such as letters, emails, records that might show where you were at the t…
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What Not to Do

  • Just as important as preserving evidence and recording important information is knowing what notto do. If you are facing rape charges, you should not: 1. try to talk to the victim about the case or have any contact with the victim 2. talk to law enforcement or other investigators without an attorney present, or 3. ask for or agree to testing that is not mandatory—such as DNA testing pri…
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Possible Consequences of Being Charged with Rape

  • The most obvious and serious concern if you are charged with rape is that you could be convicted of the crime. A rape conviction has serious potential consequences. A defendant could be: 1. sentenced to time in jail or prison, including a potential life sentence under certain circumstances, in some states 2. placed on probation for an extended peri...
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How Legal Representation Can Help

  • Because of the possible consequences, no one should face a rape charge without being represented by an attorney.
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