Expert: Jack Toomey - 11/13/2006

Question
I am currently a college student being charged with what was formerly known as statutory rape and now California Penal Code 261.5 -- having sexual relations with a minor. I was taken into custody a few months back and am awaiting trial and would like to know my rights in this situation as well as the legal process to come.

While I was in custody I was told that if I provided a statement admitting guilt, that I would be allowed to leave and that if I did not, I would be placed in jail while an investigation took place. I admitted guilt in what I thought was an informal setting without signing any papers, etc. It was also clear later that I had been fed some false information concerning a variety of things. The officers submitted my statement for the DA to review and decide whether charges would be filed. My first question is: Can and how would this statement be used against me in court?

The police also showed me evidence of sexual relations that they had collected through emails between the defendent and I. I am not sure how these emails were obtained (perhaps by informing the University that an investigation was taking place?) but would this be considered legal evidence in court and was it legal for them to obtain it?

Finally, I have just learned that I will be charged but do not have details on what crime I will be charged with. I have heard before that the parents of the defendent must press charges in order for me to be charged. Is this true? In addition, the officers I talked to before had told me that it was possible that I could be charged with a felony, misdemeanor, or that the case could be dropped altogether. In which cases would I have to face a judge and which cases a jury?

I am very unfamiliar with any aspects of criminal law and would highly appreciate any advice.

Thanks,
Jack

Answer
Jack,

   Are you aware that you are charged with a crime that could send you to prison and upon release will give you a criminal record for the rest of your life not to mention the stigma of being a sexual offender?  Nowhere do I see any mention that you have an attorney.  Perhaps you do have one and have not mentioned it but since it was months ago you are placing yourself in a great deal of jeapordy by not retaining an attorney who would answer and handle all of the questions that you have asked me.  I am not allowed to give defendants in criminal cases legal advice for obvious reasons.  

   So my advice to you is to retain an attorney as soon as possible.