Last year I was raped while i was passed out from a night of drinking..He went to jail but got out the next day of a 15,000 bond...Anyways I finally got the DNA results back and it showed positive..The lady told me that the prosecuter is putting together the case and will tell me when the the court date is...Should I be getting my own lawyer? I have no idea whats going on and how well my case is going to go..Its his word against mine and I think he told them that I wanted to and he didnt rape me
2007-01-16 11:16:05 · 12 answers · asked by Anonymous in Politics & Government ➔ Law & Ethics
It never hurts to run something past an attorney if you are unsure of your rights. Some offer free initial consultations where you can pick their brains a bit while others charge by the hour for a consult. In a criminal court, the prosecuter normally brings the case before the court and the defense has an attorney representing him. In your case, the prosecutor is your friend and you may be able to contact him/her with your questions and concerns.
2007-01-16 11:33:43 · answer #1 · answered by Rabbit 5 · 0⤊ 0⤋
No. The DA represents the state in this matter. The crime he committed was against the state you are in . You will be a witness in the case, and are classified as the victim. So, while the DA does not represent you, he is representing the state acting basically on your behalf. You should not need a lawyer, unless you plan on filing some sort of suit against the guy. I wouldn't recommend this, unless he, not his family, is fairly wealthy. If he has no assets, you will not ever see any money, and will end up paying legal fees for nothing.
Just call your DA, and ask them if there is anything you need to be doing at this time. DA's are generally busy, as they handle all the felony cases in your district, as well as some of the higher misdermeanors. The DA will eventually set an appointment for you, and will go over your testimony in the case.
The biggest hurdle in your case is whether or not you gave consent, or were to intoxicated to give consent. It will in essence come down to who is believed more.
Also, there is a thing called the Victims Bill of Rights. If you yahoo or google it, it should come up. Check it out and make sure everything in there is being done for you.
2007-01-16 11:31:24 · answer #2 · answered by ? 5 · 0⤊ 0⤋
Victims don't need lawyers, the prosecutor is technically your representation. When you go to court on a date rape, it comes down to who the jury believes more, you or him. Just be a good witness and be straight forward, honest, and sincere.
Oh, I know it sounds AWFUL, but you are judged on your appearance. If you dress for court, daisy dukes and a tube top are OUT... :) You don't need to look like a librarian, but showing off a set of DD's isn't a good idea either!
The prosecutor should sit down with you a few days before the trial and review your testimony. If you don't hear from them a week before your court date, you have every right to call and make an appointment to go over everything with him.
2007-01-16 11:21:25 · answer #3 · answered by Anonymous · 1⤊ 0⤋
Legally you are looking for it as a 'date rape' charge. Do yourself a favor and get an attorney, preferbably a female that believes you. Men have a tendency to be skeptical; however with positive DNA results, don't fool yourself thinking that you can win alone; you can't because chances are he has his attorney all lined up.
If you can't afford one, the use the public defenders office or go use attorney's who at least gives the first consultation free. This will be handled by the prosecutors office and depending on where you live, (I'm in MI) you can ask the prosecutor if they have a victim advocates unit. They will assist you at no charge, so I would go to them as well. They will (if you have them there) go to the court proceeding with you, they will coach you and they will also speak with detectives and attorneys for you, and with you. In the county I live in, I worked my internship within the victim advocates unit.
I wish you all the best.
2007-01-16 11:26:09 · answer #4 · answered by chole_24 5 · 0⤊ 0⤋
You might want to talk to a lawyer for some advice but this is a criminal case and the DA has to handle it. Speaking with your own attorney won't hurt but there is little he or she can do to help in the criminal case.
2007-01-16 11:23:49 · answer #5 · answered by C B 6 · 0⤊ 0⤋
If the state is accusing him, you won't need a lawyer. You'll just be a witness for the prosecution and the prosecutor will prepare you for that.
2007-01-16 11:21:01 · answer #6 · answered by SatanicYoda 3 · 0⤊ 0⤋
You should definitely consult with one but just remember the prosecutor gets paid big money from the state and is always looking to bury someone......even the innocent. So I am sure the prosecutor will do the right thing unless they have the same last name.
2007-01-16 11:22:45 · answer #7 · answered by Anonymous · 1⤊ 1⤋
When a crime is committed the Prosecutor is the attorney defending your rights which were violated. You would need an attorney only if your were going to take civil action.
2007-01-16 11:22:32 · answer #8 · answered by cytopia1 3 · 0⤊ 0⤋
No, the prosecutor is your lawyer. You could get a lawyer to sue the rapist for personal injury though and perhaps recover a money judgment.
2007-01-16 11:41:04 · answer #9 · answered by David M 7 · 1⤊ 0⤋
The local DA pursues a criminal case, you would need a lawyer to pursue the subsequent civil case, if you choose.
2007-01-16 11:54:29 · answer #10 · answered by Dane 6 · 1⤊ 0⤋