Question

Can my brother fight a rape case?

My brother was charged with aggravated rape of a juvenile. The child said his name, but his physical characteristics of his private parts don't match. The statement she gave mentioned learning sex from watching her mom with someone else. The detectives statement does not match the girls statement. The typed up version of the girls statement doesn't match what she said on video and doesn't match the detectives statement either. The time when the incident was supposed to have happen, my brother was being the best man at my wedding. The girl was a flower girl at the same wedding. Is there a way to fight this if you can't afford a criminal lawyer? Know any lawyers that would take payments if/when he gets out and goes back to work? His boss said he can come back to work if he is found innocent.
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Answered By: Law Office of Tracey S. Sang
Based on the facts you have presented, it sounds like he may have a strong defense. He will be eligible for the Public Defender so he will never be without representation.

Answer Applies to: California
Replied: 8/24/2011

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 George Woodworth & Associates
Yes, he certainly can and should fight this rape case. In any case where the physical description of the assailant and his actual private parts don't match should be vigorously defended in a Court of Law. Further, he has alibi testimony available from all the wedding participants who saw him in the wedding during the time he was supposedly molesting the child. See an experienced, criminal defense Attorney right away, and many times the payment plans can be worked out. Fight this case

Answer Applies to: California
Replied: 8/24/2011

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: Grasso Law Group
Check with the public defender in your county or with your local legal services to help find representation.

Answer Applies to: California
Replied: 8/24/2011

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 Edward J. Blum
Yes. You brother should definitely fight charges of aggravated rape. His family will have to come up with the money to hire an attorney, then he can pay them back when he is released. Call me, I can help with this.

Answer Applies to: California
Replied: 8/24/2011

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
Any defendant can fight a case, meaning make the prosecutor prove their case over all the defense evidence and witness testimony. Unfortunately, no private criminal defense attorney takes payments after the fact. It is a money up front business. He could try to raise money from family and friends. Or, if he has any real estate, he could give a security interest in the form of a trust deed. If he has a car, he could sign over title as security. Be creative. If serious about hiring counsel to help you in this, and if this is in SoCal courts, feel free to contact me. If he cant afford private counsel, he needs to apply for the Public Defender.

Answer Applies to: California
Replied: 8/24/2011

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
Your brother should absolutely fight this charge. A conviction for rape comes with jail time, living restrictions, and life time sex offender registration. He should speak to an attorney immediately. There are attorneys that are flexible with payment plans.

Answer Applies to: California
Replied: 8/24/2011

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 Robert L. Driessen
If he cannot afford an attorney he should request the services of the public defender. This is a case where you will need an attorney.

Answer Applies to: California
Replied: 8/24/2011

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
Based upon the facts that you gave your brother has a tribally case. He can use the public defender if he cannot afford an attorney. If he wants to try payments that depends on the law office and he need to contact each one by phone.

Answer Applies to: California
Replied: 8/24/2011

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 Office of Harry E. Hudson, Jr.
Sounds like a fight-able case. Most private attorneys will require a fairly large retainer. Forcible rape of a minor is a life sentence.

Answer Applies to: California
Replied: 8/24/2011

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.

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