"Unlawful sex with a minor"

[shadowknight]

"Unlawful sex with a minor", My wife!!!!!

I am in Washington state and charged in Califonia cpc 261.5 (c) which states unlawful sexual contact with a minor (not the spouse) and in the charge it says jane doe in place of name of victim and the birthday of the victim is the same as my wife. Hi my name is Rick I am being charged with unlawful sex with a minor. The person the state of califonia is naming as the victim is my wife. Is this sounding a little funny, it is true. We were friends for two years I was a single father of two children and she was the baby sitter. She was 17 and had a baby herself and I had two girlfriends in the year she babisat for me around my age in that time but they never worked out due to numorus reasons. Well the baby sitter desided to leave and go home to her grand mothers who raised her in washington. I never understood until now but it was because she was in love with me. And she did not want to see me out with these women. Anyway I had her come back after she told me why she left and still not breaking the law we went and married in vegas. With her mother at our side. Yes I am 34 and she is 18 in two weeks however we had never had sexual contact before the marrage. Never the less the state of california and child protective services in california have built some kind of case and sent me charges in the mail just last week and due to address change and the mail I got it 4 weeks after it was issued. Giving me 10 days to show or be issued a warrant. I sent a letter to the court to ask for time to get there around 30 days because I don't have the money or anyway to get there in 10 day short time. Well today was the date the court had set for me to show or a warrant issued. I was hoping for time to get the money to get there and also to settle with my wife and kids so they would not be left in to big of a hardship. Well the wife called the court this evening in california and guess what the court issued a 70,000 dollar warrant for my arrest. They have never questioned me for this charge and no one that I know I had very few friends there and the ones I had would not know anything related for them. My wife was talked to by the police in referance to a different unrelated charge but nothing to due with this and as she says never said anything in referance to are relationship at that time being more then just a baby sitter and friend. And from that I guess they think they have a case. I have no means to get a lawyer and I am trying to sell my truck to get some for a lawyer but I am looking at the sheriffs here coming and arresting me soon. I think with the nolege that they know I am here because of the letter I sent to ask for time, even though it is from my po box that they will come for me. And I am very afraid because they will give me some court lawyer who in this little hick town is probably a friend of the d.a. So in not to many words I think I am up s#*t creek without a paddle as my father would put it. Any advise is greatly helpful the case is in Mariposa county, Califonia. O by the way when my wife was questioned she was not merandised and there was no guardian or lawyer for her in thaqt intervue and she was a minor and with that knowlege anything she may have said that they mis-interpeted to this charge is not usable besides the fact she is my wife now and we had no sexual contact before then. Please Help!

Rikk and his family!

 

[calatty]

Penal Code section 261.5(c) states: "Any person who engages in an act of unlawful sexual intercourse who is more than three years younger than the perpetrator is guilty of either a misdemeanor or a felony, and shall be punished by imprisonment in a county jail not exceeding one year, or by imprisonment in the state prison." When the term of imprisonment is not specified, it is 16 months low term, 2 years midterm, or 3 years upper term. You could also be subjected to a $10,000 fine under subdivision (e)(1)(C).
Regardless of what really happened, if she says you had sex with her when she was a minor, it is her word against yours. There is a good chance the jury will not believe you but her and will convict you. You should consider whatever plea bargain offer the DA might make or your attorney can negotiate. If you have no criminal history, he or she might even be able to negotiate a suspended sentence and probation.
You gain nothing by delaying and hiding. Don't worry about not having the money to pay a private attorney. Public defenders in CA are often superior to retained attorneys, or equally as good. In any county, the public defenders will have a cordial professional relationship with the DA's, but that does not mean they will not do a good job for you. Attorneys, as a matter of pride if not ethics, want to win.
The police only have to give Miranda warnings if they are interrogating a suspect who is in custody. You wife was not a suspect in custody.

 

[ochiatl]

Calatty-

Why would he have to plea on this case? If she is now his wife and states that he did not have sexual contact before she was 18 and she told him that she has never spoken with the police regarding this accusation, he should be able to fight this charge right. I just dont see why he would agree to a conviction for this charge. Seems unfair. Just curious.

 

[shadowknight]

Calatty

Thank you for that, you however missed the part in the cpc 261.5 (c) that states not the spouse of the acused. She is my wife we live together and have been since before being charged with this she has made no referance to the police in any way about us in that we had sex before our marriage because we did not nor is she the one who is the so called accuser she and I have never been intervude by police or any other agency on this charge!. We live together and have since are wedding and the california state div. of social and health services was as far as I have found the head in this farce of a charge in any instance it is and I am being charged for haveing sex with my wife who is 18 in nov. I still can't see how they can charge me for have sex with a minor when she is my wife. And we had no sexual contact prier to are marriage. Where do they think they have enoff to do this?

Rikk

 

[calatty]

Okay, I am confused by your account. I got the impression that the charge was based on statements your wife made to the police that you and she had sex before you were married when she was underage. If your wife never told them anything like that, then what evidence do they have against you? Of course if they have no evidence against you, you should not plead guilty, but if they had no evidence against you, they couldn't have charged you.

 

[shadowknight]

Yes calatty

See I am a bartender and a guy came into the bar and well we began to talk about computers and he said he could hook me up to the internet for free. So I said cool and he did, he did something to the computer and I paid him 50 bucks. I never saw him again well after about 2 weeks i could not get outlook express to work for a email thing so I got internet service through a local service provider in town of mariposa calif. and never used that other connection or rather I thought i was not. Anyway about 5 months later my house is raided by the mariposa sheriffs like I was some drug dealer and they took all my computer stuff and many other items not covered on the warrant which I have yet to get a streight answer to why and how the did and could do that. I called them many times. They never questioned me on that issue either never once a intervue or a call back from them. Well so me and my wife where not married and in the stuff they took was some of her stuff like her camera and her camcorder she used for her baby. Anyway she called them and asked for the return of here items and they said ok come in and talk to us and we will see what we can do. On that she went in and they went into quistioning her about our relationship and such and she said it was a friendship and that she baby sat for me that was all. They never gave her the stuff back and then they called her mother and treatend to take her child from her if she did not answer there questions to what they wanted. She said the same thing. Her mother was flown in and she went to stay with her mother with her baby. She never said in any way that we had any relations other then friend and a job, to the sheriffs. I have never been intervued and she has yet to be talked to buy them as of the last 6 months since. They can have no evidence there is none and if they can just go on somone saying they think we did then that sounds wrong. We never had sex till we married which was a month and a half after the stupid computer raid. Which I found out to be a misdominor I find it a little crazy for them to raid my house as if I where a drug dealer and then take over $5000. worth of software and computer stuff, for a misdominor charge. The charge is for illegal use of computer internet access for the social services dept. of mariposa, california. Which was a misdominor and still is, I recieved that charge with this one which makes no sense but I told them I had internet access and never knew that the guy that hooked me up to the internet was using there codes or whatever. And that I had my own internet service through sierratel internet. This hole thing has stinked from the begining. And now I am some fugitive for a crime I never commited until we where married. She is 17 and will be 18 nov. 11th and if they can charge me for sex with my wife then I am screwd. I find this hole ordeal to be way off base and can find no way that they could have evidance to charge me with such a crime like this. Well that is the whole of my story as of sept. 1st we moved from mariposa to washington because there was little work there and my father and brother live in washington so I could work with my brother. And of course have family around I had no one in mariposa, other then a few people I talked to on acation. O please help. I can't figure it out and what is this, I recieved a paper asking for discovery?

Rikk

 

[calatty]

Well then you are just going to have to wait for your lawyer to find out what evidence they say the DA says he has on you. I suspect the police officers' conversation with your wife and mother did not go quite the way they reported it to you.

 

[shadowknight]

I have gotten a lawyer thanks to someone here emailing me about pre-paid legal services online and for your info has turn the charge around. They where going on a social works statement. For which she will soon see me in court alright in a law suit. And as for there other evidence which was a love letter for which they seized on a warrant which it did not cover the warrant was on some little misdominor charge that the social worker had choped up to a sheriff pal and then she shows up with the sheriff's in serving that warrant and said she was with the sheriff's dept. which we found to be a crime being that she in fact was not and ontop of that was not legally able to be on or near my property when the when the warrant was served she was in my home with the lead sheriff gathering thing with them as the search my home and I will be filing charges against her soon, and the letter only really shead on the light that she was in love with me and nothing in referance to sex or anything like that, has been thrown out. Again thanks to the one who emailed me about the legal service you helped more then you know. And my whole family thanks you.

Rikk