Need help finding a way to help my nephew he is being charged as an adult with 2 felonies

UPDATED: May 23, 2009

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Need help finding a way to help my nephew he is being charged as an adult with 2 felonies

my nephew is being charged with felony rape and forciable assult.. they are both sixteen and had sex she had oral sex with him and then said he raped her.she has accused other men of the same thing, applied for a change of venue but was denied, prosecuting attorny’s father rented a home to his mother and they had personal issues..false witness reports, no collection of physical evidence and have no idea what to do his public defender never notified him of last court appearence and now he is in jail… please someone help us.!!!

Asked on May 23, 2009 under Criminal Law, Missouri


FreeAdvice Contributing Attorney / FreeAdvice Contributing Attorney

Answered 13 years ago | Contributor

In any criminal case the facts and the credibility of the witnesses are critical. To convict the prosecutor has to prove beyond a reasonable doubt that your nephew is guilty. If the complaining witness is not credible because she is constantly claiming rape, the lawyer will point that out.

If your nephew has a clean record that would be one thing in his favor; if his record is bad, or he would come across as hostile or arrogant on the stand, then a lawyer might not even want him to take the stand.

If you do not trust the public defender, it's time to hire a private lawyer. It may be expensive, but probably not as costly as having him spend years in jail.

IMPORTANT NOTICE: The Answer(s) provided above are for general information only. The attorney providing the answer was not serving as the attorney for the person submitting the question or in any attorney-client relationship with such person. Laws may vary from state to state, and sometimes change. Tiny variations in the facts, or a fact not set forth in a question, often can change a legal outcome or an attorney's conclusion. Although has verified the attorney was admitted to practice law in at least one jurisdiction, he or she may not be authorized to practice law in the jurisdiction referred to in the question, nor is he or she necessarily experienced in the area of the law involved. Unlike the information in the Answer(s) above, upon which you should NOT rely, for personal advice you can rely upon we suggest you retain an attorney to represent you.

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