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  #1 (permalink)  
Old 07-29-2008, 08:12 PM
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Default accussed of 4th degree

This Bites!! Was At A Party Approx 2 Months Ago, And This Girl Was All Flirty In Front Of Her Boyfriend. Well He Got Mad And I Left Went Home. Well Two Days Ago I Get A Call From The Police Post Telling Me There Was An Arrest Warrant For My Arrest And I Had The Chance To Turn Myself In, I Guess After I Left They Called The Cops And Said I Groped The Girl On Willingly. So No I Am Being Accussed Of 4th Degree Sexual Assualt..

Any Body With Any Advice Please Give!!

I Am In Contact With Representation, Just Waiting To Hear Back And Then I Am Going To Turn Myself In, Pleading Not Guilty..
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  #2 (permalink)  
Old 07-29-2008, 09:21 PM
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Quote:
Originally Posted by nina View Post
This Bites!! Was At A Party Approx 2 Months Ago, And This Girl Was All Flirty In Front Of Her Boyfriend. Well He Got Mad And I Left Went Home. Well Two Days Ago I Get A Call From The Police Post Telling Me There Was An Arrest Warrant For My Arrest And I Had The Chance To Turn Myself In, I Guess After I Left They Called The Cops And Said I Groped The Girl On Willingly. So No I Am Being Accussed Of 4th Degree Sexual Assualt..

Any Body With Any Advice Please Give!!

I Am In Contact With Representation, Just Waiting To Hear Back And Then I Am Going To Turn Myself In, Pleading Not Guilty..

Cases like this usually boil down to word against word---unless, of course, there are witnesses that are credible. Often times, in cases like this, the "victim" never shows up for court---and the charges are dropped if that happens. If you have retained legal counsel, anything you are told here would never take precedence over his/her advice.

Who signed the warrant against you? (Note: in order to sign a warrant against someone probable cause must be established by whomever it is signing) Perhaps it is safe to assume that whomever signed the warrant has witness to corroborate their story?
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Old 07-30-2008, 06:50 AM
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Join Date: Jul 2008
Posts: 2
Default Wrongfully Accussed

Well I Haven't Seen The Warrant Yet, I Am Waiting For The Firm To Call Me Back, I Work On The Road All Week, And I Can Not Miss Time Or Money. But I Plan On Getting This Over With On Friday. But Anywhoo I Am Guessing That The Boyfriend Is Acting As Her Witness When Nothing Even Happened She Was Coming On To Me When The Boyfriend Walked Into The Home And Said What The Hell Is Going On. He Got Really Angry And Then Again I Left..

Do U Know Y It Would Take Two Months For Me To Be Contacted? Y Have I Not Been Questioned By The Police For My Side Of The Facts? I Never Groped Her At All!!

If They Do Find Me Quitly Of This Would I Have To Register On That *** Offender. Omg That Would Be Horrible~~ I Live In Michigan
My Kids Are Teenagers And Would Have To Hear That Kind Of Thing..ur Dad Is A *** Offender..
Ugggh Just Blows Me Away That This Girl Is Ruining My Life~!!!

Well Any Advice Anyone Has Is Very Appreciated. I Am Trying To Think Very Postive, And My Wife Is Behind Me 100 Percent In This Too~ Thank God For That.. But I Have Never Been In Any Legal Trouble, Have A Wonderful Job Family Etc..
God This Site Is Great To Vent On..
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Old 07-30-2008, 09:31 AM
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Ok, problem.

Your first posting suggests that no physical contact occurred, just flirting. Now you say she "came on to you", insinuating that physical contact DID occur at a party ( i.e. presumably with witnesses around). So, it is a judgment call as to who was the instigator. Your word against hers, unless she convinces those present to testify against you---or unless, of course, it really happened.

In your state, for a fourth degree s3xual assault to have occurred, it must be proven that the contact was not wanted. It is her responsibility to prove that the contact happened and that it was unwanted--you are innocent until she proves her case against you.

However, since you were not questioned first, I'm going to assume that this girl signed the warrant against you. Had she just filed a police report, the cops would have investigated, questioned you, etc. Since you have said that did not happen, I presume she signed it.

I would turn yourself in as soon as possible on your own----getting stopped by a cop for a tail light out would mean your car being towed, you being hauled off in hand cuffs ( for an outstanding warrant) and things would go quickly to you-know-where.

You know in your heart what happened that night--if you did this act and she can prove it, lying will only make it worse. Consult with an attorney--you cannot afford NOT to. I suspect registering as a s3x offender the rest of your life is no picnic.

Good luck.
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