Rape of a minor

[CAHUNT]

Palmdale California,

I am writing this on behalf of a relative of mine. He is being charged with rape of his sister when they were both minors. He says it never happened; they are debating if they should keep it in juvenile or adult court. He is being held without bail and has been there for over a year now without a court date. This all started when his sister called him from a recorded line accusing him of rape. He advised he never knew he was being recorded and that he never admitted to anything. The recording has not be released publically but his public defender says that most likely he will do time for this crime for the way the conversation went. He says, all he said was that one time he and his sister were drugged by parents and woke up naked. A little background to this story is that their parents were drug addicts who did horrible things to these kids and it was never proven. It is also thought that the dad is pushing the daughter to press these charges. Lastly he has been tried for rape against his sister in the past and the charges were dismissed.

The questions I have are

1 what is the law on recording conversations and using it for evidence in this case

2 what can I do to help him out of this mess. I believe that he is innocent and just a product of his environment

3 what would be the cost to get him out if this with a good lawyer.

Thanks in advance.What is the name of your state (only U.S. law)?

 

[Proserpina]

Palmdale California,

I am writing this on behalf of a relative of mine. He is being charged with rape of his sister when they were both minors. He says it never happened; they are debating if they should keep it in juvenile or adult court. He is being held without bail and has been there for over a year now without a court date. This all started when his sister called him from a recorded line accusing him of rape. He advised he never knew he was being recorded and that he never admitted to anything. The recording has not be released publically but his public defender says that most likely he will do time for this crime for the way the conversation went. He says, all he said was that one time he and his sister were drugged by parents and woke up naked. A little background to this story is that their parents were drug addicts who did horrible things to these kids and it was never proven. It is also thought that the dad is pushing the daughter to press these charges. Lastly he has been tried for rape against his sister in the past and the charges were dismissed.

The questions I have are

1 what is the law on recording conversations and using it for evidence in this case

2 what can I do to help him out of this mess. I believe that he is innocent and just a product of his environment

3 what would be the cost to get him out if this with a good lawyer.

Thanks in advance.What is the name of your state (only U.S. law)?

1. He should ask his attorney.

2. a) Pay for a private attorney if he's not happy with his pd.
b) Hogwash.

3. Nobody can guess. Could be tens of thousands or more.

 

[CAHUNT]

okay**************.. thanks for your input, does anyone else have any other input on this issue?

 

[>Charlotte<]

does anyone else have any other input on this issue?

Yes. Do not try to "help" him out of this mess. If you're looking for legal advice on Internet sites, it's reasonable to assume you'll pass on whatever advice you get to him. It's also reasonable to assume he might act on that advice. The last thing he needs is to take advice from some anonymous schmuck who never went to law school. He has an attorney. Let the attorney do his job. This is an extremely serious charge, and you could easily do a lot of harm.

If you want to help him, visit him in jail. Send him letters and things on the approved gift list. Let him know you care about him.

 

[Proserpina]

Yes. Do not try to "help" him out of this mess. If you're looking for legal advice on Internet sites, it's reasonable to assume you'll pass on whatever advice you get to him. It's also reasonable to assume he might act on that advice. The last thing he needs is to take advice from some anonymous schmuck who never went to law school. He has an attorney. Let the attorney do his job. This is an extremely serious charge, and you could easily do a lot of harm.

If you want to help him, visit him in jail. Send him letters and things on the approved gift list. Let him know you care about him.

Did you just call me an anonymous schmuck?! I'm not anonymous!

 

[CdwJava]

1 what is the law on recording conversations and using it for evidence in this case

If done at the behest of the police, probably quite lawful. And there are a number of exceptions in the law that could probably allow the conversation in. I doubt his attorney would be fretting over it if there as a chance it could be challenged.

2 what can I do to help him out of this mess. I believe that he is innocent and just a product of his environment

You can help him pay for a good attorney.

3 what would be the cost to get him out if this with a good lawyer.

There is no cost to "get him out of this." Even the best attorney in the world cannot win a case that is strong. So, there are no guarantees.

A good attorney will likely cost him about $10,000+

 

[dlw99]

1. He should ask his attorney.

2. a) Pay for a private attorney if he's not happy with his pd.
b) Hogwash.

3. Nobody can guess. Could be tens of thousands or more.

Geez, P, you couldn't even answer the question about the law? People don't come here for advice just to be told to go get a lawyer.

CAHUNT - California is a two party consent state, which means sis can't legally record bro without his permission. HOWEVER, Both federal and California law enforcement officials may eavesdrop on and record telephone conversations without a court order under the so-called "one party consent provision" (18 USC 2511(2)(s); California Penal Code 633). In other words, if state or federal authorities have the consent of one party to a conversation (such as a government informant), the conversation may be monitored. This provision applies only to eavesdropping by law enforcement officials.


You could help him by getting him a good lawyer to work towards a speedy trial.

This type of case will cost a lot. $10K is not a stretch, but you won't know for sure until you start making some calls.

 

[Isis1]

I haven't seen anyone get off of rape for being a product of their environment. So, we must be missing half the story at least.

 

[Proserpina]

Geez, P, you couldn't even answer the question about the law? People don't come here for advice just to be told to go get a lawyer.

In many situations, that is the ONLY appropriate response.

And since this OP's relative already has an attorney, we cannot and should not play the "second guessing" game.

It's simply irresponsible.

CAHUNT - California is a two party consent state, which means sis can't legally record bro without his permission. HOWEVER, Both federal and California law enforcement officials may eavesdrop on and record telephone conversations without a court order under the so-called "one party consent provision" (18 USC 2511(2)(s); California Penal Code 633). In other words, if state or federal authorities have the consent of one party to a conversation (such as a government informant), the conversation may be monitored. This provision applies only to eavesdropping by law enforcement officials.


You could help him by getting him a good lawyer to work towards a speedy trial.

This type of case will cost a lot. $10K is not a stretch, but you won't know for sure until you start making some calls.

...and you're picking at me for suggesting the same thing?

Really?

 

[dlw99]

In many situations, that is the ONLY appropriate response.

And since this OP's relative already has an attorney, we cannot and should not play the "second guessing" game.

It's simply irresponsible.






...and you're picking at me for suggesting the same thing?

Really?

I was directly answering her question - see #2

It's hardly irresponsible or "second guessing" to directly answer a direct question about the law regarding wiretapping telephone calls.

You disappoint, Pina.

 

[quincy]

Are you acting out one of the chapters in your alleged bullying book on this forum tonight or something, dlw? Geez.

 

[CdwJava]

Geez, P, you couldn't even answer the question about the law? People don't come here for advice just to be told to go get a lawyer.

CAHUNT - California is a two party consent state, which means sis can't legally record bro without his permission. HOWEVER, Both federal and California law enforcement officials may eavesdrop on and record telephone conversations without a court order under the so-called "one party consent provision" (18 USC 2511(2)(s); California Penal Code 633). In other words, if state or federal authorities have the consent of one party to a conversation (such as a government informant), the conversation may be monitored. This provision applies only to eavesdropping by law enforcement officials.

There are exceptions that would allow a person to make the recording even without the involvement of the police.

Read PC 633.5:

633.5. Nothing in Section 631, 632, 632.5, 632.6, or 632.7
prohibits one party to a confidential communication from recording
the communication for the purpose of obtaining evidence reasonably
believed to relate to the commission by another party to the
communication of the crime of extortion, kidnapping, bribery, any
felony involving violence against the person, or a violation of
Section 653m. Nothing in Section 631, 632, 632.5, 632.6, or 632.7
renders any evidence so obtained inadmissible in a prosecution for
extortion, kidnapping, bribery, any felony involving violence against
the person, a violation of Section 653m, or any crime in connection
therewith.​

 

[dlw99]

Are you acting out one of the chapters in your alleged bullying book on this forum tonight or something, dlw? Geez.

No, just offering free advice for people who already know how to call a lawyer.

Who said anything about a bullying book?

Are you making bad assumptions again?

It's a new day.

Why not stop the snarky comments and return to a conversational tone, Quincy?

 

[dlw99]

There are exceptions that would allow a person to make the recording even without the involvement of the police.

Read PC 633.5:

633.5. Nothing in Section 631, 632, 632.5, 632.6, or 632.7
prohibits one party to a confidential communication from recording
the communication for the purpose of obtaining evidence reasonably
believed to relate to the commission by another party to the
communication of the crime of extortion, kidnapping, bribery, any
felony involving violence against the person, or a violation of
Section 653m. Nothing in Section 631, 632, 632.5, 632.6, or 632.7
renders any evidence so obtained inadmissible in a prosecution for
extortion, kidnapping, bribery, any felony involving violence against
the person, a violation of Section 653m, or any crime in connection
therewith.​

Thanks, Java. Appears that victim's recording will be admissible, and quite damning for the defendant.

Still, he's been in jail for "over a year without a court date".

Might be time for him to assert his 6th amendment right.

 

[quincy]

Your advice was most certainly free, dlw, but what you posted was wrong.

It is one thing to answer a question about the law. It is quite another to answer it incorrectly. That benefits no one and can, in fact, be harmful to a poster.

The best advice to offer a poster is often to seek the advice of an attorney in their area or to rely on the advice of the attorney they already have.





(You, dlw, were the one who claimed you were a "published and paid author on bullying," in the same post where you said your friend received a letter with anthrax in it and the government could not trace its source, so trying to trace an anonymous letter was futile - but, yes, I did assume it was a book. It was just an article on some website, then?)