Ah Bummer for ya.

That californian lingo isn't it?

IMO, he's not REALLY more motivated to take the case further as usually lawyers are outcome driven...they like to WIN and prefer HAPPY CLIENTS that refer them business and pay their fees. Besides, it's not like going to trial is a $5,000 BONUS to him...trials are WORK. If anything he sets that extra trial rate to encourage his clients to settle because going to court is the hardest and most time consuming part of his job (as well as the most risky...legal malpractice, appeals of HIS mistakes and maybe being reponsible for messing up and contributing to the incarceration of an innocent person all weigh on these guys). Trust me...he's much rather take your $5,000...have a few meetings with the DA's office and resolve this whole thing quickly so he can free up time to golf and/or take on more clients. Closing files is a relief to these guys.

Mr. Wondering

p.s. - Remember...you'll need to pay costs, including the private polygrapher

..The other day I was at the school and the principal's secretary came up and started talking to me, volunteering all sorts of information about the girl's family. Apparently, she's known the mother for over 20 years and she said that the entire family is crazy. I found out that the mother left her previous job because she claimed that someone was sexually harassing her in the workplace. So, it seems they have a history of filing these sorts of charges. I wasn't even the one who brought up the case, since I've been advised not to discuss it. She just started offering the information.

The only people who seem to think my kid is guilty are the ones who don't know him - the judge, our PD, the DA. Every person who actually knows him thinks this is all insane. It seems as though plenty of people who know the girl think she's entirely capable of lying about all of this.

..It's not like you can or should walk into any old polygrapher and take a lie detector test. Looking one up in the yellowpages is RISKY. You need and want a referral from YOUR ATTORNEY so you get one that your attorney trusts.

Polygraphers are typically ex-cops. IF your son, by chance...FAILS the private test an untrustworthy polygrapher MAY leak the results to the DA's office. Not that they will or can ever use the private results...but you can be certain they won't be then offering any deals or breaks after getting tipped off that they appear to have a guilty one on their hands.

Get an attorney and THEN the polygraph.

Mr. W

We would like to do that, just as soon as we manage to actually get a lawyer.

It's going to take a miracle.

I have to believe you've already googled "California" plus "Age of Consent"

Here's wikipedia:


[quote--California

The age of consent is 18, with a misdemeanor if the minor has 3 or fewer years of difference with the major, and potentially a felony if the major is more than 3 years older. It is worth emphasizing that unlike most other states, the close-in-age rule in California (3 years) do not provide an exception nor provide any defense; it merely lowers the crime to a misdemeanor. Under this law, two minors of the exact same age could both be prosecuted. Penalties increase if the minor is under 16 and the major is above 21 or if the minor is more than 3 years younger.

Texts :


California Penal Code - Part 1. of crimes and punishments -

Title 9. of crimes against the person involving sexual assault, and crimes against public decency and good morals

Chapter 1. Rape, abduction, carnal abuse of children, and seduction. - Section 261.5.

(a) Unlawful sexual intercourse is an act of sexual intercourse accomplished with a person who is not the spouse of the perpetrator, if the person is a minor. For the purposes of this section, a "minor" is a person under the age of 18 years and an "adult" is a person who is at least 18 years of age and older.

(b) Any person who engages in an act of unlawful sexual intercourse with a minor who is not more than three years older or three years younger than the perpetrator, is guilty of a misdemeanor.

(c) Any person who engages in an act of unlawful sexual intercourse with a minor who is more than three years younger than the perpetrator is guilty of either a misdemeanor or a felony, and shall be punished by imprisonment in a county jail not exceeding one year, or by imprisonment in the state prison.

(d) Any person 21 years of age or older who engages in an act of unlawful sexual intercourse with a minor who is under 16 years of age is guilty of either a misdemeanor or a felony, and shall be punished by imprisonment in a county jail not exceeding one year, or by imprisonment in the state prison for two, three, or four years. --quote]



Subsection (c) is the scary one. When is the young lady's birthday. I believe you said she's already 16 and your son has yet to turn 18, thus, they are less than 3 years in age difference and Subsection (c) doesn't apply. Subsection (a) applies...by making it illegal for him (and the girlfriend) to have sex at all...but you have to read down to figure out where to classify such "act".

Which leaves Subsection (b) as the only applicable subsection. A misdemeanor. A misdemeanor shouldn't require a sex offender registry nor should it involve jail time. Since it appears the only applicable subsection...I doubt it will ever even go to trial. Not to mention, in lieu of a trial, many counties have diversion programs which allow "defendents" to avoid prosecution by staying out of trouble (i.e. Probation) and doing some required work (counselling, community service, etc.). Their records will become "clean" once completed ("minors" records are usually sealled anyway but at least he'll never have to disclose it even on say, a law school application as the diversion program is as though it was never prosecuted at all). In fact...by the subsections terms the X-girlfriend could be charged with the same misdemeanor. My feeling is the judge is being hard on him right now (not allowing him to finish out the high school year) because, in the end, the fear of prosecution and missing out on school will end up being the only punishment he gets.

That is...as long as there isn't a THREE year PLUS age difference between the two of them. If there is a 3+ year age difference he COULD BE prosecuted for a felony and/or a misdemeanor. There are also fines involved with money going to a teenage pregnancy information fund. Again...diversion programs may exist.

Mr. Wondering

Right now, I am just waiting to hear back from the lawyer about the plea bargain. He is hoping to hear something back from the DA by Friday. We are going to hold off on making a decision about anything else until then. My son has expressed a desire to take the plea bargain as long as it isn't something that will go on his permanent record, send him to prison, or make him register as a sex offender. Those are deal breakers for us...

My son has expressed a desire to take the plea bargain as long as it isn't something that will go on his permanent record,

So far, they haven't actually gone onto my son's computer to verify this one way or the other.

Her records where to be sealed and upon her turning 18 the records where to be expunged. (Expunged=It never happened)

Expungement doesn't happen automatically. The convicted has to make a formal motion/request to have that done.

I'm surprised you're having to pay that much to get it done though and then to have it keep popping up. Wow!

I believe that a lot of people are forgiving and believe in giving others a chance.

The way our attorney explained it to us is that a juvenile's record is automatically sealed when he turns 18. It isn't the same as being expunged. We talked at length about this with our attorney, and he assured us over and over again that no one would be able to see the record, and that it would not be considered a felony conviction, so he would not have to answer yes to that question on a job application.