Charged with sexual misconduct and sexual assault in CA.

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Charged with sexual misconduct and sexual assault in CA.

My friend was at a bar and two ex-girlfriends were there. They were hugging and hanging out. The girl decided she wanted to teach him a lesson and said he grabbed her breast. The police came and arrested him and charged him with sexual misconduct and sexual assault. He is now 21 and was 16 when he stole a car, so has a criminal record. He can’t post bail. The girl told a friend that she just wanted to teach him a lesson. What can he do? He is in jail still waiting for a court date on a bogus charge.

Asked on May 6, 2009 under Criminal Law, California

Answers:

J.M.A., Member in Good Standing of the Connecticut Bar / FreeAdvice Contributing Attorney

Answered 11 years ago | Contributor

I am a lawyer in CT, not CA, but i practice criminal law and civil litigation.  It sounds like the girl needs to be taught a lesson!  Filing a false police report is a serious crime.  The good news is that you have witnesses and assuming that the witnesses are willing to come to your friend's aid, he can probably beat the bogus charges.  If your friend cannot post a bond and no one will lend him the money, then he will have to wait till his court date.  I suggest having him get a public defender and have all his witnesses who hear this girl say she was teaching him a lesson, tell the lawyer what happended so he can help your friend get the charges thrown out.  Wost case scenario is that your friend has to wait for a trial where he can hopefully prevail and then sue the gir in civl court for malicious prosecution, abuse of process and vexatious litigation where he can get money from her!!!  As for now, i would get your friends together to lend him money to get out of jail.  Good luck.


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