Question
Can I talk to someone who went to jail for sexual assault?
I was the "victim" in a sexual assault on a minor case. He went to jail for a little over a year, and is now out. I do not hold a grudge, and am not mad at him, as I consented to our relationship. I would like to contact him, but I do not want to get either of us in more trouble. I have heard that there is a restraining order placed on all cases like this, but I am not 100 percent sure. I would really like to talk to him, and just want to know if I can.LawQA.com Answer Library
Answered By: Law Office of Peter F. Goldscheider
You will need to determine if there is in fact a restraining order. You can either contact the court clerk or the District Attorney or both. If there is one in effect you will either be prohibited from seeing him or he could be in violation of the order.
Answer Applies to: California
Replied: 8/23/2011
Disclaimer: The response above does not form an attorney-client relationship. This answer may or may not apply to you and should not be relied upon as legal advice. LawQA does not make any representation as to the expertise or qualifications of this attorney. This attorney may or may not be admitted to state bar of your state.
Answer Applies to: California
Replied: 8/23/2011
Disclaimer: The response above does not form an attorney-client relationship. This answer may or may not apply to you and should not be relied upon as legal advice. LawQA does not make any representation as to the expertise or qualifications of this attorney. This attorney may or may not be admitted to state bar of your state.
Answered By: Law Office of Eric Sterkenburg
If you are still a minor contact with him would be a violation of his probation or parole. That could send him to state prison. Do not have any contact until you are over 18.
Answer Applies to: California
Replied: 8/18/2011
Disclaimer: The response above does not form an attorney-client relationship. This answer may or may not apply to you and should not be relied upon as legal advice. LawQA does not make any representation as to the expertise or qualifications of this attorney. This attorney may or may not be admitted to state bar of your state.
Answer Applies to: California
Replied: 8/18/2011
Disclaimer: The response above does not form an attorney-client relationship. This answer may or may not apply to you and should not be relied upon as legal advice. LawQA does not make any representation as to the expertise or qualifications of this attorney. This attorney may or may not be admitted to state bar of your state.
Answered By: Law Office of Martina Vigil
There is likely a restraining order prohibiting him from having any contact with you. I would advise you not to contact him because if he responds to your contact, he will violate his probation/ parole and pickup another charge.
Answer Applies to: California
Replied: 8/17/2011
Disclaimer: The response above does not form an attorney-client relationship. This answer may or may not apply to you and should not be relied upon as legal advice. LawQA does not make any representation as to the expertise or qualifications of this attorney. This attorney may or may not be admitted to state bar of your state.
Answer Applies to: California
Replied: 8/17/2011
Disclaimer: The response above does not form an attorney-client relationship. This answer may or may not apply to you and should not be relied upon as legal advice. LawQA does not make any representation as to the expertise or qualifications of this attorney. This attorney may or may not be admitted to state bar of your state.
Answered By: Wallin & Klarich: A Law Corporation
You are correct. In most cases of this nature the defendant is not permitted any contact with the alleged victim. You should not attempt to contact him but you might want to speak to his lawyer to see if such a restriction is placed upon him in this particular case.
Answer Applies to: California
Replied: 8/16/2011
Disclaimer: The response above does not form an attorney-client relationship. This answer may or may not apply to you and should not be relied upon as legal advice. LawQA does not make any representation as to the expertise or qualifications of this attorney. This attorney may or may not be admitted to state bar of your state.
Answer Applies to: California
Replied: 8/16/2011
Disclaimer: The response above does not form an attorney-client relationship. This answer may or may not apply to you and should not be relied upon as legal advice. LawQA does not make any representation as to the expertise or qualifications of this attorney. This attorney may or may not be admitted to state bar of your state.
Answered By: Law Office of Tracey S. Sang
You may contact him. If there is a restraining order, he will be aware of it and let you know. However, the reality is that no one will necessarily know if the restraining order is violated if neither of you object. A restraining order may be dropped if the DA agrees.
Answer Applies to: California
Replied: 8/16/2011
Disclaimer: The response above does not form an attorney-client relationship. This answer may or may not apply to you and should not be relied upon as legal advice. LawQA does not make any representation as to the expertise or qualifications of this attorney. This attorney may or may not be admitted to state bar of your state.
Answer Applies to: California
Replied: 8/16/2011
Disclaimer: The response above does not form an attorney-client relationship. This answer may or may not apply to you and should not be relied upon as legal advice. LawQA does not make any representation as to the expertise or qualifications of this attorney. This attorney may or may not be admitted to state bar of your state.
Answered By: Nelson & Lawless
If you know how to contact him by mail or email, you could do so simply and limited to saying you would like to talk, as long as it doesnt get him in trouble. He should know the terms of his restraining order that protects you, if any. He may have to get his parole/probation officer or the court to approve contact.
Answer Applies to: California
Replied: 8/16/2011
Disclaimer: The response above does not form an attorney-client relationship. This answer may or may not apply to you and should not be relied upon as legal advice. LawQA does not make any representation as to the expertise or qualifications of this attorney. This attorney may or may not be admitted to state bar of your state.
Answer Applies to: California
Replied: 8/16/2011
Disclaimer: The response above does not form an attorney-client relationship. This answer may or may not apply to you and should not be relied upon as legal advice. LawQA does not make any representation as to the expertise or qualifications of this attorney. This attorney may or may not be admitted to state bar of your state.
Answered By: Law Office of Jeff Yeh
No you can't. In just about every sexual assault felony case there is a PO in place upon release. You already put him in jail once, don't do it again.
Answer Applies to: California
Replied: 8/16/2011
Disclaimer: The response above does not form an attorney-client relationship. This answer may or may not apply to you and should not be relied upon as legal advice. LawQA does not make any representation as to the expertise or qualifications of this attorney. This attorney may or may not be admitted to state bar of your state.
Answer Applies to: California
Replied: 8/16/2011
Disclaimer: The response above does not form an attorney-client relationship. This answer may or may not apply to you and should not be relied upon as legal advice. LawQA does not make any representation as to the expertise or qualifications of this attorney. This attorney may or may not be admitted to state bar of your state.
Answered By: The Law Offices of Christopher J. McCann
If there is a restraining order in place, it will likely last until he is off probation. The best thing to do is to find out who his attorney is by looking in the court records online or in the court file which you have the right to look at. Get the attorney's number from the file or on www.calbar.ca.gov, and call the attorney and ask him or her. They'll know. If there is one, that attorney is the only person through whom he can have legal contact with you.
Answer Applies to: California
Replied: 8/16/2011
Disclaimer: The response above does not form an attorney-client relationship. This answer may or may not apply to you and should not be relied upon as legal advice. LawQA does not make any representation as to the expertise or qualifications of this attorney. This attorney may or may not be admitted to state bar of your state.
Answer Applies to: California
Replied: 8/16/2011
Disclaimer: The response above does not form an attorney-client relationship. This answer may or may not apply to you and should not be relied upon as legal advice. LawQA does not make any representation as to the expertise or qualifications of this attorney. This attorney may or may not be admitted to state bar of your state.
Answered By: Law Offices of James A Bates
If he is on probation he is probably under orders to stay far away from you. If he is no longer under any such order, much depends on how old you are now. If you have reached the age of 18 there should be no problem unless there is a stay-away order in effect. If you approach him, someone in authority might think it is his fault and cause him to go back into custody.
Answer Applies to: California
Replied: 8/16/2011
Disclaimer: The response above does not form an attorney-client relationship. This answer may or may not apply to you and should not be relied upon as legal advice. LawQA does not make any representation as to the expertise or qualifications of this attorney. This attorney may or may not be admitted to state bar of your state.
Answer Applies to: California
Replied: 8/16/2011
Disclaimer: The response above does not form an attorney-client relationship. This answer may or may not apply to you and should not be relied upon as legal advice. LawQA does not make any representation as to the expertise or qualifications of this attorney. This attorney may or may not be admitted to state bar of your state.
Answered By: Law Office of Joe Dane
If he was convicted of a crime against you, the odds are that there is restraining order against him. That order prevents him from having any contact with you directly. If you contact him, you are setting him up to have him be in violation of a court order, violating his probation, and being sent back to jail if not state prison. If you are over 18, you may be able to petition the court to lift the no contact order. I can almost guarantee they won't do that if you were still under 18. You may want to start with contacting his attorney that represented him to find out 1st if there was a restraining order issued and 2nd if they can assist by getting the case on calendar to modify the probation and lift the no contact order.
Answer Applies to: California
Replied: 8/16/2011
Disclaimer: The response above does not form an attorney-client relationship. This answer may or may not apply to you and should not be relied upon as legal advice. LawQA does not make any representation as to the expertise or qualifications of this attorney. This attorney may or may not be admitted to state bar of your state.
Answer Applies to: California
Replied: 8/16/2011
Disclaimer: The response above does not form an attorney-client relationship. This answer may or may not apply to you and should not be relied upon as legal advice. LawQA does not make any representation as to the expertise or qualifications of this attorney. This attorney may or may not be admitted to state bar of your state.
Answered By: Dennis Roberts, a P.C.
I would have someone else call him for you. They need to ask if there is a restraining order in place or whether the Probation Department has stated that he cannot be in contact with you. If all is cool then I can't see a reason now to have contact with him. The other thing you could do is ask your friend to find out who his attorney was. Even if it was a Public Defender and he doesn't remember his name, get the case number as the Pub Def office can look it up that way. Also you could go to the court where he was convicted and ask the clerk to see the file. Then you will see if there is a restraining order as that has to be put in the file. However, what the Probation folks tell him will NOT be in the file. Good luck. I hope you are 18 now.
Answer Applies to: California
Replied: 8/16/2011
Disclaimer: The response above does not form an attorney-client relationship. This answer may or may not apply to you and should not be relied upon as legal advice. LawQA does not make any representation as to the expertise or qualifications of this attorney. This attorney may or may not be admitted to state bar of your state.
Answer Applies to: California
Replied: 8/16/2011
Disclaimer: The response above does not form an attorney-client relationship. This answer may or may not apply to you and should not be relied upon as legal advice. LawQA does not make any representation as to the expertise or qualifications of this attorney. This attorney may or may not be admitted to state bar of your state.
More Questions on Criminal Defense
- Who should view the chemical test results first?
- Can I sell my house after bankruptcy?
- Can I dismiss the DUI case if I was not read my Miranda rights?
- Do I have to submit to any tests for a DUI arrest?
- Can I settle for a public defender to handle my DUI case?
- Can I be charged with DUI without driving?
- Do varying offenses of DUI last differently on your record?
- How long will it take to process my DUI charge?
- Can I get limited license if I got my license suspended?
- Do I really need an attorney to fight a DUI case?
- Is there a chance to get a plea bargain for the DUI?
- What is the short term penalty for a DWI?
- Should I ask for an attorney first before agreeing to any test?
- Is there a way for me to lower down penalties for DUI?
- What happens after I am given a court order probation?
- How can I defend myself from DUI?
- Can I refuse a sobriety test?
- Is it considered as a DUI if I took a prescription drugs and drove?
- What are my chances to win against a DUI charge?