Accused of rape

[srwsmith]

My brother is accused of rapeing a 15 yr old girl in Oklahoma. The girl has changed her story many times, last time in front of the judge. Bail was dropped from $75,000 to $10,000 because of it but he was still not let out. They told him the DNA would take one year to come back because they are back logged. How can they hold him without any proof? How can we rush the DNA? The girl has said she doesn't know who did it, and he has an aliby.

 

[lawrat]

I am a law school graduate currently awaiting Bar results. What I offer to you is mere information, not to be construed as forming an attorney-client relationship,

Have you ever heard of cruel and unusual punishment. Something tells me they cannot hold him without probable cause. If they already had a hearing and determined there was probable cause sufficient to hold him over for trial, there are lots of things you can do to "speed up" the process or at least get him out.

If you cannot afford the 10k, and he does not have a prior record, he should have been released on his own recog.

I suggest that if you are 100% sure the DNA test will exonerate him, try to see if you can get an indep lab to do the test and go from there.

Contact a criminal defense atty and see what they can do (you might even be able to get this representation for free--court may be able to deduct his cost from public fund because a criminal felony defendant has a right to an atty provided to him)

hope this helps