my daughter was interviewed and told a deputy that her father was touching her inappropriately. the deputy said it was a 288 (penal code talk). our case in under investigation. what happens next? i know we are going to court, i'm not sure when though. will he be arrested before we go to court?
2007-02-08 18:45:09 · 10 answers · asked by lady 2 in Politics & Government ➔ Law Enforcement & Police
thank you, please pray for my baby girl! and yes... i want him to hang.
2007-02-08 18:50:39 · update #1
Will there be a jury?
2007-02-08 18:53:29 · update #2
I don't know anything about this process. The DA is involved now. what does that mean?
2007-02-08 19:10:44 · update #3
If your daughter's testimony is compelling enough to elicit probable cause that a crime was enacted against her by your ex, then yes, he may be brought in for questioning prior to, but will be arrested. That does not mean that he will remain in custody; a judge will evaluate the case and grant or deny bail; if granted, your ex must post the amount (either through a bondsman or on his own) and will remain out of custody until the court date. I wish you and your daughter the best in the outcome of this situation.
2007-02-08 18:58:54 · answer #1 · answered by Jeremy B 2 · 3⤊ 0⤋
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2016-06-12 00:53:32 · answer #2 · answered by ? 3 · 0⤊ 0⤋
In the state of California, he will not necessarily be arrested prior to court proceedings. It is up to the investigator and the handling district attorney. If the investigator walks a warrant through the DA's office, then your ex-husband could get arrested. However, the other option is for the DA's office to send your ex-husband an arraignment letter. This letter indicates to your ex-husband that he has been accused of a crime. It also tells him that the DA's office feels there is enough information at this time to go ahead with filing charges against him. At the arraignment, the judge will determine if your ex needs to be remanded into custody and have the right to bail, or if he will be released from the arraignment O.R. O.R. means that he is not a flight risk and will show up at future court dates. If he has no prior arrests and is not a flight risk, he will be O.R.'d and will be expected to show at future court dates.
The next step after that is a Pretrial and Preliminary Hearing. At a Preliminary Hearing, the burden is on the DA's office to prove there is enough evidence to go ahead with a trial. Reasonable doubt does not have to be proved at a Prelim, only enough to proceed with a trial.
The next step after that is a trial or any Motions to Suppress evidence or other testimony by the defense.
As far as the investigation goes. In California we do what is called a CAST interview. At the CAST interview, a child psychologist interviews the child on recorded video tape. This interview serves as an attempt to determine the validity or any inconsistencies in your childs statement about the incident or any previous occurences. The video of the CAST interview is then provided to whatever investigators or social workers require the information. The video taped interview assures that a large number of people are not interviewing your child muliple times.
Good luck with your case.
2007-02-08 20:33:38 · answer #3 · answered by OfficerJL 1 · 1⤊ 0⤋
Base on the oral evidences which is recorded, your ex can be arrested. Of course, it may not be easy for the court to prosecute him.
Reason:
1. Is your daughter able to relate the incident. Or able to express to a professional counsellor in terms of using toys?
2. How long ago has the incident taken place?
3. Any other evidence that may affect the court decision? Like threat, inducement, or promise to the offender.
4. How is the oral evidence given to the police? Denial is easier to be proven guilty. Or is there an believing lie given?
If he is arrested, likely that he can be bailed out with cash bond which is usually a very high amount.
If he is found guilty, it is unlikely that he will be hang, unless the statues (law) stated so.
2007-02-08 23:21:10 · answer #4 · answered by limyc75 2 · 0⤊ 0⤋
My guess is yes he will be. There will be a grand jury hearing to indite him after he is arraigned. Most likely he won't get out on bail because the judge will set it fairly high.
How fast next part happens depends on him and whether he admits to it and tries to plea. He has to be assigned a lawyer, the investigation has to be finished by the police and given to the DA's office. You have pretrial discovery (where they talk about evidence that is being presented by both sides), possible negotiations between the DA and defense on a plea bargain. If there is no plea bargain, then the trial and sentencing. That could take anywhere from nine months to two years.
2007-02-08 23:02:05 · answer #5 · answered by milwaukiedave 5 · 0⤊ 0⤋
If the DA is involved,in my state that means he would be prosecuted even if you wanted to drop it (which I'm sure you don't). If you are afraid he might come around before he goes to trial, get a restraining order.Good Luck to you and your little girl!
2007-02-08 19:51:01 · answer #6 · answered by DixeVil 5 · 0⤊ 0⤋
yes he will probably be arrested for childed molestation. As far as a jury that depends on if he pleads not guilty and takes it to a jury trial
2007-02-08 22:42:44 · answer #7 · answered by glamour04111 7 · 0⤊ 0⤋
I sure hope so...and if she is telling the truth and you are any kind of a mother at all...you will make sure he gets arrested...There is no worse crime than child molestation...it is just like murder....but you have to live with it the rest of your life
2007-02-08 18:56:51 · answer #8 · answered by Chris B 4 · 0⤊ 0⤋
Yes he will be arrested before court & I hope they hang him high.
2007-02-08 18:49:51 · answer #9 · answered by Anonymous · 1⤊ 0⤋
Keep hounding the DA don't let him put this on the back burner... call him daily... good luck to you and your child
2007-02-08 20:32:19 · answer #10 · answered by Anonymous · 0⤊ 0⤋