Husband about to go to jail for no reason

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Latest post 11-30-2009 8:16 PM by jbyrum85. 23 replies.
  • 11-30-2009 3:07 AM

    • jbyrum85
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    Husband about to go to jail for no reason

    My husband was accused of touching the inner thigh of a 15 year old girl, and touching the lower back of another 16 year old girl. With both of these girls they had their clothes and and there was not skin to skin touching. They gave him a stress test the day after him being accused of this and he failed it. This case has been going on for eight months, and they have been telling him this whole time that they were going to give him to assault charges. Now they are telling him that they do not know if they are going to give him assault charges, or if they are going to give him sexual assault charges. Is this something we should be worried about? There is no proof that this happened to the girls. They have been dragging this case out long enough. Is there any thing we can do to get information that we might need to know about the case? We have heard that the girls have changed their stories, and we would like to know what they have said. Can we get this information? Please someone help us. I do not want my husband to go to prison over two little girls. We have two small children and he is the only one working, due to me be a full time college student.

  • 11-30-2009 4:19 AM In reply to

    Re: Husband about to go to jail for no reason

    jbyrum85:
    Is this something we should be worried about?

    If he's been charged with a crime, it's something he should worry about. He needs to see a lawyer.

    jbyrum85:
    There is no proof that this happened to the girls....We have heard that the girls have changed their stories, and we would like to know what they have said.

    Of course they have evidence, as your own post suggests. They have the statements of the girls.

    His lawyer will know how to get any contradictory statements the girls have made and what else might be done given the particular facts of the case and the laws of the state where this occurred. As you describe it, in most states, it would not be either sexual assualt or regular assualt. It would instead be the crime of battery if the touching was unwanted by the girls.

  • 11-30-2009 9:48 AM In reply to

    • Cica
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    Re: Husband about to go to jail for no reason

    jbyrum85:
    Is this something we should be worried about?

    Well, yeah, sort of.  Especially considering the charges are involving "little girls."  As suggested, your husband needs an attorney.

     

  • 11-30-2009 1:05 PM In reply to

    Re: Husband about to go to jail for no reason

    If he hasn't been charged, there's little to nothing that can be done.

    If he has been charged, his attorney can get "discovery" from the prosecutor's office.  Police reports, audio interviews, etc.

    The statements of the girls ARE evidence against him.  Whether it is enough to convict is up to a jury.

  • 11-30-2009 1:23 PM In reply to

    • jbyrum85
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    Re: Husband about to go to jail for no reason

    Ok, so tell me this. My husband has another court date on December 15,2009. What do you think they will do? If he is charged that day with assault or sexual assault, will he go to jail that day? I really do not want him in jail for Christmas. Thanks everyone for helping. By the way we have no lawyer. We can not afford one.

  • 11-30-2009 1:29 PM In reply to

    • jbyrum85
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    Re: Husband about to go to jail for no reason

    can we get all of that information without having a lawyer?

  • 11-30-2009 1:32 PM In reply to

    Re: Husband about to go to jail for no reason

    There has to be SOME evidence  and nothing will happen without a trial and a chance for him to defend himself.

  • 11-30-2009 1:34 PM In reply to

    Re: Husband about to go to jail for no reason

    "By the way we have no lawyer. We can not afford one."

    Then he needs to apply for a public defender ASAP.  Especially given the potential charges.  This is not a DIY (do it yourself) project.  If he loses he could end up being a convicted sex offender and the implications for the rest of his life are potentially devastating with regards to employment, where he can live, registering etc.

    Apply for a PD NOW.

    "That's just my opinion, then again I might be wrong."  Dennis Miller

     

  • 11-30-2009 1:49 PM In reply to

    • jbyrum85
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    Re: Husband about to go to jail for no reason

    He has a job. It is only part time, and we are barely making it through life. Will he qualify for one? How do I apply for one for him because he does not think that he can get one. I want to do it just to try and get one. There is no harm in trying.

  • 11-30-2009 1:50 PM In reply to

    • jbyrum85
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    Re: Husband about to go to jail for no reason

    Can anyone tell me where to find out what the maximum sentence for these charges are? Or does anyone know what his punishment could be if he is charged with either of these crimes?

  • 11-30-2009 1:52 PM In reply to

    Re: Husband about to go to jail for no reason

    Has he been charged? If not you are puting the cart before the horse.

    HE has to apply for a PD, not you.

  • 11-30-2009 1:58 PM In reply to

    • jbyrum85
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    Re: Husband about to go to jail for no reason

    I'm not sure. See when this happened we were split up. I have only been to the last two court hearings and they have just sent him home because the PA was too bust for his case. He made an appointment and the PA said that he did not know if he was going to charge him with assault or sexual assault. Doesn't that mean that he has NOT been charged yet?

  • 11-30-2009 2:00 PM In reply to

    Re: Husband about to go to jail for no reason

    Sounds like he has not been charged. But your husband needs to start getting involved in this.

  • 11-30-2009 3:15 PM In reply to

    • Kivi
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    Re: Husband about to go to jail for no reason

    If he is arraigned, then he is charged.  Does not seem like he has been charged with anything at this point.  If he is asked to enter a plea at this court date, then he is being arraigned.

    In most places, until the state formally charges someone, there is no entitlement to a PD.  If he is asked to make a plea, he should plead not guilty and ask for a PD.

    Insofar as the question of going to jail is concerned, I would plan on having to post some bail. If he is released without the need for bail, so much the better.  But, if you plan for the possibility of posting bail, you can make some calls and figure out how much you might need and what the process would be.

    The bail amount is determined by the court.  Many people deal with a bail bondsman for these issues.  Most bail bondsmen are located in or near a court house.  Essentially, you buy a bond from the bail bondsman that guarentees his appearance at future court dates.  If he does not show up, then the bail bondsman has to pay the entire bail to the court (and will likely come looking for him.).  The fee for the bail bond likely will not be refunded even if your husband is later exonerated or the state drops the charges.   

    In some jurisdiction, you do not have to use a bail bondsman.  So, inquire carefully about what might be required where you are.

  • 11-30-2009 3:44 PM In reply to

    • jbyrum85
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    Re: Husband about to go to jail for no reason

    he says that he has already plea not guilty. what do i do from here? Some one please help me to keep my husband out of jail.

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