attempted rape

[hurt4ever1]

What is the name of your state?Indiana
A week ago I posted in the custody room about my cousins son Brandon and his girlfriend Andrea (whom had a baby together at age 15 now they are 19). They were living together as boyfriend/girlfriend up until this last week til she decided she wanted another man and brought this man to their house. Needless to say this devastated Brandon and he was very hurt.
His family contacted a lawyer and he told them that he had no rights to his son even though he had stayed at home taking care of the child while the mother worked until he filed for some kind of custody. He was upset with this girl for doing this and he had told her he was going to file for full custody but then they sat down together and made a schedule of who would take the child and when.
They both stayed in the home up until Sunday night, she told Brandon that she had called the police for kidnapping their child, this did not make sense to Brandon because they were all at the house so he called the police and asked if he had been turned in for anything. They told him that no police reports had been made but they were going to send someone out. When the police got there they handcuffed Brandon put him in the police car (without miranda rights being read).

Andrea came out side and told the police that Brandon had attempted to rape her. Brandon goes to jail. Brandon says that he never even touched her but she had her cell phone out and she had taped Brandon allegedly trying to rape her. She had no marks on her as if they had been fighting and there is nothing on this tape that shows he tried to rape her (this is hearsay...)
Brandon is sitting in jail with attempted rape charges (even though he hasnt been told why he is there, no miranda rights have been read to him and then a bail bonds woman calls Brandons mom saying that bail has been set at 50k. This bail bond woman is the wife of the detective that would be on the case. (conflict of interest??) His mother called a different bail bonds man and he stated that the bail was VERY high but it was a class d felony.

The police also had his car impounded because they said "they were afraid that Andrea would damage it." Should he have to pay for this because of what the police thought?

How can he prove that he didnt try to rape her? Shouldnt his miranda rights been read and a statement been taken by the police from him before his bail was set? Does she have to be examined by a doctor to show proof of attempted rape?
Any and all help on this would be appreciated.

 

[HomeGuru]

What is the name of your state?Indiana
A week ago I posted in the custody room about my cousins son Brandon and his girlfriend Andrea (whom had a baby together at age 15 now they are 19). They were living together as boyfriend/girlfriend up until this last week til she decided she wanted another man and brought this man to their house. Needless to say this devastated Brandon and he was very hurt.
His family contacted a lawyer and he told them that he had no rights to his son even though he had stayed at home taking care of the child while the mother worked until he filed for some kind of custody. He was upset with this girl for doing this and he had told her he was going to file for full custody but then they sat down together and made a schedule of who would take the child and when.
They both stayed in the home up until Sunday night, she told Brandon that she had called the police for kidnapping their child, this did not make sense to Brandon because they were all at the house so he called the police and asked if he had been turned in for anything. They told him that no police reports had been made but they were going to send someone out. When the police got there they handcuffed Brandon put him in the police car (without miranda rights being read).

Andrea came out side and told the police that Brandon had attempted to rape her. Brandon goes to jail. Brandon says that he never even touched her but she had her cell phone out and she had taped Brandon allegedly trying to rape her. She had no marks on her as if they had been fighting and there is nothing on this tape that shows he tried to rape her (this is hearsay...)
Brandon is sitting in jail with attempted rape charges (even though he hasnt been told why he is there, no miranda rights have been read to him and then a bail bonds woman calls Brandons mom saying that bail has been set at 50k. This bail bond woman is the wife of the detective that would be on the case. (conflict of interest??) His mother called a different bail bonds man and he stated that the bail was VERY high but it was a class d felony.

The police also had his car impounded because they said "they were afraid that Andrea would damage it." Should he have to pay for this because of what the police thought?

How can he prove that he didnt try to rape her? Shouldnt his miranda rights been read and a statement been taken by the police from him before his bail was set? Does she have to be examined by a doctor to show proof of attempted rape?
Any and all help on this would be appreciated.

**A: Let me ask you, why are you meddling in affairs that do not involve you?

 

[CdwJava]

Miranda rights are only required when a person is being interviewed after he was arrested ... not WHEN he is arrested. If they never read him his rights after he was arrested, they will not be able to use any statements they received from him.

It is odd, but it is not likely a conflict of interest for the wife of the detective to be working as a bailbondsman. The bail is set by the court and not the bondsman, so they have no say in the issue.

And ultimately, he does not have to prove that he did NOT rape her, the state has to prove that he did. Without a medical exam and with only her word on the matter, that will be tough. But, witnesses to the event or to comments made by one or both of you can be proof enough. Your friend needs a lawyer now.

Carl

 

[hurt4ever1]

who are you?

Excuse me HOME GURU Brandon asked me to post it on here through his mother.

P.S. This is a forum, the reason for a forum is for people to ask advice about particular matters that pertain to each subject. Advice for you Home guru if you don't like to read matters that are someone elses business then press the little X in the top right hand corner of this screen and press the OFF button on your computer, its that simple!

 

[hurt4ever1]

Appreciation!

Thanks very much Carl for clearing things up, they are in the process of getting a lawyer right now.

One question though, if his bond has been set doesnt that mean that he has been charged with something and his miranda rights read to him then?

 

[HomeGuru]

Excuse me HOME GURU Brandon asked me to post it on here through his mother.

P.S. This is a forum, the reason for a forum if for people to ask advice about particular matters that pertain to each subject. Advice for you Home guru if you dont like to read matters that are someone elses business then press the little X in the top right hand corner of this screen and press the OFF button on your computer, its that simple!

**A: you're funny. I don't give a rat's ass if Brandon asked you to post through his mother. YOU are the one that has to and wants to get involved. You couldhave simply told Brandon, sorry, I am not going to get involved. Either you post if yourself or have Mommy or someone else do it. It appears that you are like the Andrea here.

 

[CdwJava]

Bail just means that he has been booked on a criminal charge. It is no guarantee that the court will find that there is sufficient cause to bring the case to trial, and it is no guarantee that the prosecutor/DA will go to trial.

And Miranda is only needed when a person is questioned. Unlike TV, we do not have to read people their rights when they are arrested. However, because a lot of TV is NYPD, we see a reflection in their policy (at least what it used to be) which requires everyone arrested be Mirandized at the time of arrest. It's a department policy there.

When a person is arrested and booked into jail, the jail sets a bail amount based upon the severity of the crime from a schedule provided to them by the courts. There are ways to enhance those bails with the approval of a judge, but they are otherwise set 'in stone'.

Carl

 

[OC3902]

What is the name of your state?Indiana
Andrea came out side and told the police that Brandon had attempted to rape her. Brandon goes to jail. Brandon says that he never even touched her but she had her cell phone out and she had taped Brandon allegedly trying to rape her. She had no marks on her as if they had been fighting and there is nothing on this tape that shows he tried to rape her (this is hearsay...)
Brandon is sitting in jail with attempted rape charges (even though he hasnt been told why he is there, no miranda rights have been read to him and then a bail bonds woman calls Brandons mom saying that bail has been set at 50k. This bail bond woman is the wife of the detective that would be on the case. (conflict of interest??) His mother called a different bail bonds man and he stated that the bail was VERY high but it was a class d felony.

The police also had his car impounded because they said "they were afraid that Andrea would damage it." Should he have to pay for this because of what the police thought?

How can he prove that he didnt try to rape her? Shouldnt his miranda rights been read and a statement been taken by the police from him before his bail was set? Does she have to be examined by a doctor to show proof of attempted rape?
Any and all help on this would be appreciated.

Hearsay is an out of court statement other than one made by the declarant testifying at the trial or hearing, offered to prove the truth of the matter asserted. If Andrea testifies in court as to her out of court statement, it's not hearsay because she's the declarant testifying as to her own out of court statement. The tape recording may or may not be admissible depending on your state (I'm not from Indiana).

Miranda rights are required when there's a custodial interrogation by police. (Interrogation has a legal definition and doesn't include all types of questions.) Brandon was in custody when he was arrested, but no facts in your post show there was any interrogation at that time. If there was an interrogation later while he was in police custody, then Miranda warnings were required to be read.

 

[HomeGuru]

HOME GURU, so you find it necessary to get into my business to tell me to mind my own business? Is the trailer park that you live in that small that you have to come on here starting fights with people that need GOOD advice from people who know or understand the law better than they do??

I have read through alot of these forums just to see what they say about things and I have noticed that YOU HAVE NEVER CONTRIBUTED ANY ADVICE ABOUT ANYTHING but you have managed to kick people when they are down. That just says how small of a person that you are.

LIKE I SAID, press the X on the upper right hand side of this box and go out of your trailer park, you know get out every once and a while so you aren't so angry at life.

NO ONE ASKED FOR YOUR OPINION ANYWAYS! GO AWAY!!!

**A: you have some serious issues and need professional help. Just look at your user name. Are you in any sort of counseling? If anyone is going to be going away, it would be you.

 

[rmet4nzkx]

Get off of this thread you jackass.

Look you came here with an attitude and have acted like a jacka$$ Please grow up! You have not been here long enough to make any judgements about anything, you came here for free legal advice, you have your answers now go take your meds and take a nap.

 

[sue99]

**A: Let me ask you, why are you meddling in affairs that do not involve you?

Maybe because he/she cares about his/her cousin's son? You have no business asking this. If you have a problem with this, go somewhere else! Of what value was that comment? Seems like when there are cases of false accusations, you and others don't want hear about it. You want the public to think that the police are always honest upstanding citizens who would NEVER
act improperly or illegally!

 

[hurt4ever1]

read the thread before you make judgements!

Yes! I came in here for free advice not to be insulted. The first reply on this thread was home guru making judgements about me "getting in someone else's business" I did not ask him/her to read this thread and if that was his/her opinion then why bother replying?

Brandon, his parents, and I thought he would have to have his miranda rights read to him sometime during this whole ordeal which he hasn't even though they have posted bail and he is out. I dont need to justify myself or my name to any one on here so just dont reply if you dont like me or my name, and as far as having an attitude, yeah I do have one to people who act like fools.

BTW are you the mod here? If so then I would tell Home Guru to go home and not come back, there is no need to sit around reading forums that offer FREE ADVICE only to put people down for asking questions. Thats just lame.

 

[rmet4nzkx]

Maybe because he/she cares about his/her cousin's son? You have no business asking this. If you have a problem with this, go somewhere else! Of what value was that comment? Seems like when there are cases of false accusations, you and others don't want hear about it. You want the public to think that the police are always honest upstanding citizens who would NEVER
act improperly or illegally!

Sue, What are you doing? You are the one butting into others lives instead of taking care of your own 22 year old son who prey's on 14 year old children, is that why you came here instead of back to your own thread because you can't face the reality of your and your son's situation? You haven't answered the questions there so we can assume because you get into everything else that the reason your 22 year old son preys on 14 year old children is because he is mentally challenged and you don't want to admit anything, you are in denial about your son for all his problems and can't help him. You don't help him lurking around stirring things up.

OP got his answers and also expressed his attitude. To give advice here we need the truth, when that is not forthcomming we ask questions, they may be new to you or them but many have heard them many times. Please get your son some help. Make that your business before he molests more children.

 

[rmet4nzkx]

BTW are you the mod here? I just came for what it has to offer and that was FREE ADVICE!

Are you referring to SUE99, see above post #16 she and her son have their own problems, he is 22 and prey's on 14 year old children, who does she blame?
https://forum.freeadvice.com/showthread.php?t=192941&highlight=police+rapist

 

[hurt4ever1]

Duh!

Quote:
Originally Posted by hurt4ever1
Get off of this thread you jackass.

Look you came here with an attitude??? NO I CAME IN HERE WITH A QUESTION SEE>>>What is the name of your state?Indiana
A week ago I posted in the custody room about my cousins son Brandon and his girlfriend Andrea (whom had a baby together at age 15 now they are 19). They were living together as boyfriend/girlfriend up until this last week til she decided she wanted another man and brought this man to their house. Needless to say this devastated Brandon and he was very hurt.
His family contacted a lawyer and he told them that he had no rights to his son even though he had stayed at home taking care of the child while the mother worked until he filed for some kind of custody. He was upset with this girl for doing this and he had told her he was going to file for full custody but then they sat down together and made a schedule of who would take the child and when.
They both stayed in the home up until Sunday night, she told Brandon that she had called the police for kidnapping their child, this did not make sense to Brandon because they were all at the house so he called the police and asked if he had been turned in for anything. They told him that no police reports had been made but they were going to send someone out. When the police got there they handcuffed Brandon put him in the police car (without miranda rights being read).

Andrea came out side and told the police that Brandon had attempted to rape her. Brandon goes to jail. Brandon says that he never even touched her but she had her cell phone out and she had taped Brandon allegedly trying to rape her. She had no marks on her as if they had been fighting and there is nothing on this tape that shows he tried to rape her (this is hearsay...)
Brandon is sitting in jail with attempted rape charges (even though he hasnt been told why he is there, no miranda rights have been read to him and then a bail bonds woman calls Brandons mom saying that bail has been set at 50k. This bail bond woman is the wife of the detective that would be on the case. (conflict of interest??) His mother called a different bail bonds man and he stated that the bail was VERY high but it was a class d felony.

The police also had his car impounded because they said "they were afraid that Andrea would damage it." Should he have to pay for this because of what the police thought?

How can he prove that he didnt try to rape her? Shouldnt his miranda rights been read and a statement been taken by the police from him before his bail was set? Does she have to be examined by a doctor to show proof of attempted rape?
Any and all help on this would be appreciated.
THEN I GOT THIS>>>A: Let me ask you, why are you meddling in affairs that do not involve you?

THEN I REPLIED WITH THIS>>>Excuse me HOME GURU Brandon asked me to post it on here through his mother.

P.S. This is a forum, the reason for a forum is for people to ask advice about particular matters that pertain to each subject. Advice for you Home guru if you don't like to read matters that are someone elses business then press the little X in the top right hand corner of this screen and press the OFF button on your computer, its that simple!

THEN I SAID THIS>>>Appreciation!

--------------------------------------------------------------------------------

Thanks very much Carl for clearing things up, they are in the process of getting a lawyer right now.

One question though, if his bond has been set doesnt that mean that he has been charged with something and his miranda rights read to him then?

THEN SO ON....Thats how to read a thread. IT DOESNT MATTER HOW LONG YOU HAVE BEEN HERE TO BE ABLE TO ASK A QUESTION ITS CALLED FREE ADVICE!

I think you are the one who needs medication, a nap, a good lay, and what ever else they do for you in the state mental home to get you to calm down.
Ex. straight jacket, rubber room

HA HA HA YOU ARE A JOKE!