What to do if I was arrested for breaking and entering and attempted rape>

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What to do if I was arrested for breaking and entering and attempted rape>

I had a .3 BAC and walked into someones else’s house and allegedly said “sexual surprise”. The house was like 3 blocks away from my friends so I’m I was trying to go there. I’m a college student and I do not have a record. Can a jury say that I acted with “specific intent”? I have absolutely not relocation of this, I woke up in jail.

Asked on July 8, 2013 under Criminal Law, California

Answers:

Anthony Van Johnson / VANJOHNSON LAW FIRM, L.L.C.

Answered 8 years ago | Contributor

I would be curious to know what factual allegations are contained in the police incident report to justify "attempted rape".  Since you have no recollection of the event, reviewing the incident report , as well as, statements of victims/witnesses is crucial.  You need to immediately retain legal representation and refrain from making any statements.  As you are, no doubt, aware, with sex-related crimes, aside from possible imprisonment, there is the strong possibility of being required to register as a "sex offender".  Retain the services of an experienced attorney immediately.

Maury Beaulier / MinnesotaLawyers.com

Answered 8 years ago | Contributor

You would be wise to make no statement to law enforcement.  Exercise your right to remain silent and immediately retain experienced criminal defense counsel. 

The offense you relate requires an "intent" to commit the offense.  Based on the facts provided, it would seem strong defenses exist.  Call for a free consultation.


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