My stepson has been arrested for 18.2-67.2 Object sexual penetration in Rocky Mount Virginia. He is charged with sexually assaulting his ex-girlfriends 3 year old daughter. He has been in jail for five days now without any bond hearing or anything. I believe he is innocent. Shouldn't he have been arraigned by now? His parents talked to an attorney yesterday and was told (without the attorney reviewing the eveidence or anything) that it didn't matter if he was innocent or not he would be spending at least five years in jail. The attorney also said that if he took the case he would definitly plea the case and accept guilt... He will take the case for a $20,000 retainer. Is this resonable? and do you have any advice for us? We desperatly want to help somehow. We honestly believe he is innocent and want to get him out of jail. We just don't know where to even begin to help.
2007-07-16 21:02:24 · 13 answers · asked by ConcernedStepMom 2 in Politics & Government ➔ Law & Ethics
I would like to answer a couple of points that were brought up.. One, I am very concerned about the little girl and I want the real guilty person to be charged and prosecuted. I understand that all parents think their kids are innocent, but sometimes they are right. Think Duke Lacrosse.. And I realize that is not exaclty the same, but it does happen.
Second my step-son has "found Jesus" he is a good Christian boy and we are praying that all of this will be resolved soon.
As far as the ex-girlfriend goes, they broke up about an month and a half ago and it had nothing to do with this. She has since been charged with neglect and custody of the little girl was taken from her and given to the girls father.
I want the truth to come out.. I don't want him to plea to something he didn't do.
2007-07-16 21:55:57 · update #1
Check out the site below. These attorney's deal SPECIFICALLY with this type of situation. I just did legal research and paperwork on this very issue.
2007-07-16 23:43:05 · answer #1 · answered by Faye Prudence 3 · 0⤊ 0⤋
If the attorney didn't even look at the evidence and automatically indicated that he would definitely plea out the case, either he knows from having handled many such cases the outcome of said cases, or he just knows that in such cases the accused is screwed (no pun intended) before the trial even begins. Your best bet is to go with the public defenders office and get a preliminary hearing as soon as possible with a court reporter present to record all testimony from the prosecution side, including (especially including) the mothers testimony so the PD can impeach her testimony. This is crucial because even if the District magistrate sends the case to the DA's office prima facie for jury selection and subsequent trial , that testimony can be very damning against
the state if the mother dropped the ball at the preliminary hearing stage of the process.
However, if he did do it, he needs to be a man and accept responsibility for his actions. For him, that means reaching a plea agreement with the state and allocution before the court exactly detailing the elements of his criminal actions. After that, as they say in Star Wars, "May the force be with you", because he's going to have a real rough time in the state prison system. They hate child molestors.
2007-07-16 21:34:48 · answer #2 · answered by RIFF 5 · 1⤊ 1⤋
Look - I have 7 children of my very own - and I will not let them sit on my lap (BECAUSE I LOVE THEM AND KNOW THIS IS A VERY SICK WORLD) after they are like 1 or 1 and 1/2 years old ... a little hug here and there is what they get and no kisses on the mouth - none can say I molest my children or any other. Your son is in real trouble though ....
They must have done a DNA test on the young lady and found that your son - and I say son as if you married and your husband had a son - he is your's ... this boy must have had a DNA come up positive to the male secretions in the young girls female parts ... is this not so????
Otherwise - why would the attorney want to plea bargin???
Since the boy - your son ... entered such a young lady - and DEFILED her FOR LIFE ... see - one man is o.k. for any woman - but; when you get a second male to do the same - then you get cervical cancers, breast cancers and/or etc.
This guy ruined this young lady unless she can get the proper cleanses to get his Army - his male juices out of her - if it combines in twenty years with another male's Armies - his juices ... then a war will begin in her body and it will eventually end up like so many other young ladies who even consent to more than one male ... it results in a painful death.
What you should do .... as a caring mom ... is bake him a cake with a shard of glass in it and with instructions to cut that which offends ... off.
The American Indians had a special right for those like your son ... they would take him and kneel him down in front of an old tree stump.
The men would go find what is now called crude oil ... and they would lovingly bring it to the stump ...
A knife would be sharpened to split a hair ... and would be displayed to the guy like your son ... and then the women of the tribe and even other invited tribes - where the women would stand around with a rock in their hands and then smack the very sharp knife on the rock ... then pass it off to the next woman...
After the last woman finished her smacking the razor sharp blade on her rock ... the men would then,
Tack and stake the guys testicles and his man thing to the tree trunk with wooden nails or animal bones ... then soak the trunk of the tree with the crude oil they found (sometimes using bear or deer tallow ... as sometimes the crud oil was not easy to find) ... and they would soak the tree trunk and his man stuff and testicles with the oil or tallow ...
then after a prayer and dance was performed - the man was handed the knife that was lovingly beaten on many, many rocks and the opposite end of the stump was lit afire ...
The blaze would come up ... and the fellah that raped or molested the young woman or boy - would sit there watching the blaze and he had a very great choice ... he could ...
Guess you know by now?????
Cut off his offending MEMBERS ... and live (maybe) ... and guess what????
HE WOULD NEVER DO IT AGAIN - GUARANTEED!!!!
See why the American Indians had to be ripped off and wiped out??? They had a justice system that ACTUALLY WORKED ... but;
If your son wants to get out of his charges ... - have him tell the judge and DA - that he will not reveal that most the Foster children that they laid with will not be told about in his testominy ... if he can play with them too ... this should work well as nobody wants to have their toys taken away, eh????
Peace;
Aintmyfault
.
2007-07-16 21:50:04 · answer #3 · answered by aintmyfault 3 · 0⤊ 2⤋
If you are doling out $20K for legal representation (and if you are for real since you only became a member yesterday and you have no questions or answers and seem suspicious for jumping in with this question as you may be a student or neophyte trying to fish out a defense) hire someone you like that has answers or hope you like. Even if you lose at least you hired someone that held out a hope. Besides if he does have to do five years sitting he can spend those years trying to sue the lawyer, that's what all the jailbirds do.
If you are for real, your support is going to be in the area of emotions. Decide to stand by your man, but what if he is lying to you and it turns out he did what he is charged with doing? How do you really feel about being supportive, will you still stand by him and forgive him? Will you spend your money to hire a defense? Will you face the parents of the child with a level attitude?
You present an incredibly delicate situation, when children are or may be involved there is considerable pain and suffering. No key turns the lock of law and righteousness more than the one that involves anyone's misbehavior with anyone under 18 years of age. In fact, prisoners deal harshest with pedophiles over any other criminal.
Good luck, remember to pray. Convince your step-son to find Jesus and seek forgiveness in prayer and humiliation. Enter prayerful supplication and humbly submit your needs asking the Lord Christ Jesus for guidance and strength. Support with love but don't get walked on.
2007-07-16 21:37:51 · answer #4 · answered by SilentSupporter 2 · 0⤊ 1⤋
Can you do me a favor? Put all of your feeling about your own son to the side for a second and put yourself into the shoes of this little girl and her family.
Judging by your post I really don't think you have given this little girl a second thought. You have showed no remorse for her what so ever. I am sorry but there has got to be some kind of evidence against your son or, he wouldn't be in jail right now. And if he is innocent then I guess he shouldn't have anything to worry about. Get a lawyer, Tell him to submit to a polygraph test, DNA test or whatever tests that he can do to prove his innocence.
Also unless your son has admitted to his lawyer that he did it then, there is no reason for the lawyer to put a guilty plea in on something as serious as this. Get a different lawyer immediately.
2007-07-16 21:27:16 · answer #5 · answered by Mom22 5 · 0⤊ 2⤋
Come on people.... Isn't this still America?
Innocent until prov-en guilty???
We don't know the case, so we cannot judge? Sure we know how it would feel if it were our children, but it doesn't give us a right to chastise here.
Anyway... I certainly would look into another attorney. Obviously 5 days or even if it takes 2 more weeks to get advice from another lawyer. Certainly is nothing compared to the time he could be looking at. Take your time and do it right. Don't rush into anything.
I wish you the best of luck, I know it must be and will be hard to deal with this situation.
2007-07-16 21:22:30 · answer #6 · answered by HumbleLizzy 2 · 2⤊ 1⤋
If the Attorney has looked over he case and says he will plae guilty, then your stepson is most likely guilty. The defense attorney knows the investigation was done thoroguhly that is why he would plea and hope for a lesser sentence. Get apublic defender for free to do that. (Im a cop when the defense pleas out thats when I have a solid case against someone and there is no defense.)
2007-07-16 21:07:58 · answer #7 · answered by bradman1499 3 · 5⤊ 3⤋
Get a good attorney through newspaper high profile case and pray he is normal! If he is guilty he will be dealt with in the end!
2007-07-16 21:08:51 · answer #8 · answered by brenda r 3 · 0⤊ 1⤋
seek a professional to speak to the child, namely a child worker, but SADLY, this happens a lot when an adult is left out (read EX girlfriend), & THEN you have the court system who will bleed you dry if you let them, it's a sad state of affairs, my INNOCENT nephew went to prison over his EX & Greedy Lawyers & Judges, so good luck!
2007-07-16 21:20:04 · answer #9 · answered by Anonymous · 0⤊ 1⤋
Well I'm sorry its your son,(step son)I'm sure its gonna be a tough road.BUT,you as a mother must agree,anyone who even touches a 3 year old has no place on earth.i personally feel if he is found guilty he needs to spend the rest of his life in prison,and in general population(not protected)..there is a special place in hell for ppl like that.sorry and best of luck.i hope your right,i hope he is innocent.
2007-07-16 21:13:39 · answer #10 · answered by dawg 4 · 0⤊ 3⤋