If you or a loved one is charged with California Penal Code 261 PC rape, you want to find the best attorney you can. That would probably be the first inside secret.
You want somebody who has experience in defending a rape case because these are very serious offenses that would require someone to register as a sex offender for the rest of their life and potentially go to prison for a lengthy period of time, along with a host of other problems.
I know how to handle these offenses since I've been doing this for over 30 years. Of course, each case spins on its own facts and circumstances, and not all cases are identical. But that's the point of getting a seasoned, battle-tested defense attorney because they will know what works for you- what makes sense for you and how to defend the case properly.
First, you must assess whether you have a defense to the case. If not, your attorney will probably try to resolve the issue.
There's a host of tools available to the attorney and to you to try to work out a rape case where you're going to have to plead guilty to something.
First, we're going to get a 288.1 report. That's a Penal Code section that really assesses whether you are a danger to the community, whether you're a danger to future victims, and what can be done to treat you. It gives you a quick thumbnail sketch.
The next step is to examine the facts and circumstances of the case. One big thing the judge and prosecutor will consider is your future level of recidivism. In other words, are you likely to do something like this again, and if so, what will they do to stop it? They figure that's their job.
Crucial Issue of Sexual Consent
Another thing we're going to have to look at is whether you have a defense. There are all sorts of defenses to a rape charge. Sometimes consent is the issue, where the alleged victim is claiming they did not consent to some sexual encounter, while you, on the other hand, are saying they did consent.
Now, for some reason, they've got sour grapes after the fact and are trying to claim you did something inappropriate. A lot of times, I see alcohol or drugs involved, and the other person simply does not remember what is happening and then tries to blame things on someone they don't know very well.
A lot of these Applications and dating sites are putting people together. Things are happening, and then the next morning or a couple of days later, all of a sudden, somebody feels like something wrong happened.
Attorney-Client Privilege
So, we've got to talk about that, assess it, and really decide what makes sense for you, your life circumstances, and the facts and circumstances surrounding your particular case. I'll have you come in. We'll sit down, obviously, in the privacy of my office so we can talk about things under the cloak of the attorney/client privilege and get to the bottom of what's going on and what needs to be done to help you.
Handling things correctly is crucial so you don't get in the wrong position. If you need the best, you've come to the right place. I've been handling these offenses since the early 1990s and have gotten good results for my clients. I'm upfront and honest. I will obviously tell you what I think once I evaluate everything, and then we will put the pieces in place to get you the best possible result.
Could you pick up the phone now and request a meeting with Ron Hedding? I'm ready to help. The Hedding Law Firm is based in Los Angeles, CA.
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