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Arrests, Searches, Warrants & Procedure : Includes Right to Counsel, Fifth Amendment Rights, Right to Trial by Jury, etc.
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  #1  
Old 12-27-2004, 05:12 PM
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Join Date: Dec 2004
Location: Minnesota
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Help! Need Legal Advice!


What is the name of your state? Minnesota

I am residing in Minnesota where my fiance and my 2 children live. I am writing on behalf of him and i need some help. On 11/28 he was arrested for 4th degree sexual misconduct of a minor ( 14 years old) We were just dumbfounded, and couldnt believe it! this girl had a crush on him, and would call all the time, tell him that she loved him etc. but he never fed into it. He is friends with all the neighborhood kids, so he looked at it like someone needed a friend. she shared a notebook with one of her friends, and apparently in the notebook, it gives reference about a day that her and my fiance had sexual contact. ( i have combed through the notebook and either i am blind, or nothing is in there to that effect) anyhow, the police arrested him, and he sat in jail for 25 days on $40K bond. his next court date is 2/15.he pleaded not guilty, because he wants to prove his innocence. The big catcher is , is that this girl doesnt remember what day this happened ( which would be helpful ) and she recently had a conversation with my neighboor and she basically said that it was all a bunch of lies ( what she is accusing my fiance of) and starting laughing about it. My Fiance's Defense lawyer basically told him that its "normal" for kids in these types of cases to change thier story. But laugh about it? give me a break. His Lawyer also said that what she told my neighbor wont hold up in court b/c its hearsay. I think that is a bunch of crap, i just dont think his lawyer wants to actually "work" on this case! he is a good man, has never got in trouble over something like this before, he is all about his kids, and cant believe that this girl is accusing him of such things. I need help. I need to know what i can do to help get him out of this mess. He doesnt deserve to be found guilty, because he is innocent. This girl goes around the neighborhood telling all the boys that they are hot, and she openly talks about how she has sex etc...so what is going to stop her from making up a huge fabricated story? Obviously she knows about the anatomy of a man and a woman. Any help would be appreciated.

Thank you

Last edited by kristinhonan; 12-27-2004 at 05:19 PM.
  #2  
Old 12-27-2004, 05:23 PM
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Join Date: Nov 2004
Posts: 648
I am aware of a mother. A mother who has a daughter. The mother picks the man, and the daughter makes the allegations, and off they go. Often, right to the bank. The theory, as it goes, is that the falsely accused man would rather pay "hush money" than face the social stigma of such an allegation made official and then public.

I have heard the laughter you speak of. It is chilling and far more frightnening than can be reasonably be described. I tell you this so that you do not feel alone in the whirlwind.
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"I beseech you to treasure up in your hearts these my parting words. Be ashamed to die until you have won some victory for humanity." -- Horace Mann
  #3  
Old 12-27-2004, 05:38 PM
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Join Date: Dec 2004
Location: Minnesota
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the laughter i was referring to was the alleged "victim's" laughter when she found out he was in jail.
  #4  
Old 12-27-2004, 05:46 PM
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Quote:
Originally Posted by kristenhonan
the laughter i was referring to was the alleged "victim's" laughter when she found out he was in jail.
The precise same laughter I was referring to; is the same laughter I have begged my ears to forget that you are describing.

Because the system has a built-in back-up plan for this local dynamic duo. Those that do not pay...find themselves in jail. And the laughter is all at "his" expense.
__________________
The opinions herein above-made are expressly the product of personal experience and observation, in an open forum for discussion as to direction to an attorney. As with any possible legal cause, seek the advice of an attorney. Seek though, a qualified and competent attorney.

"I beseech you to treasure up in your hearts these my parting words. Be ashamed to die until you have won some victory for humanity." -- Horace Mann
  #5  
Old 12-27-2004, 05:50 PM
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Join Date: Jul 2004
Posts: 17,799
Good your fiance has an attorney, you will have to work with that attorney, surly they have dealt with this sort of accusation before. One concern you should have is your children, if you are living with your fiance or if he is convicted, you may lose custody of your children. You may have problems even if he is aquited.
  #6  
Old 12-27-2004, 05:52 PM
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Join Date: Dec 2004
Location: Minnesota
Posts: 10
thank you. i am just frustrated by this whole thing. Its like the movies. A young girl has a crush on a older man, he tells her to leave him alone and she goes on a rampage and accuses him of stuff. she proceeds to come back to our apartment building to see the other boys. Where are her parents at? why arent they watching where she goes?
  #7  
Old 12-27-2004, 05:53 PM
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Join Date: Dec 2004
Location: Minnesota
Posts: 10
i guess i didnt mention that its a public defender. the conditon of his bail is that he doesnt have any unsupervised contact w/any minors under 16 but it doesnt include his own children. He stressed to the judge the day of his arraignment that he was a stay at home dad
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