Background: I'm college student who was convicted of a felony possession of marijuana with intent to sell, but they gave me a misdemeanor transport of marijuana and gave me a deferred entry of judgement on the felony as long as I completed 3 years of probation. Any violation of probation would activate the felony.

As per the school gov't, I was banned from the school cafeteria and residence halls.

Yesterday, I got drunk with a friend at her residence hall, and things got heated and she ended up giving me oral while I rubbed her vagina. She wanted to have sex, but I said no since she was drunk. She passed out in the bathroom naked and I passed out in her room naked. Her roommates woke me up and told me she was scared to go back to the room and I needed to leave. I was drunk too, but I REMEMBER SAYING NO when she asked me for sex. Today when I spoke to her, she seemed like everything was fine, but when I came over to her place (after being invited by her) I was met by a detective and a police officer who handed me a restraining order and told me she had accused me of sexual assault.

I'm 19 years old going to the University of California, Davis. When I speak to my probation officer, what do I need to do get a warning instead of have him petition for a violation of probation for underage drinking? If he does give me a violation, that would activate my felony. I'm also trying to stay in school, and since I was at the dorms and wasn't supposed to be. In which direction should I be heading, and following which steps? I did not force myself on this girl without her consent; I just need to prove it.


Thank you.

In which direction should I be heading, and following which steps? Hello in:

You should be headed to the nearest criminal lawyer you can find.

excon

You did violate your probation once by drinking. And now with the added charge of sexual assault that's twice.

More than likely your PO isn't going to be the nicest person in the world considering you were already cut a break. The felony charge will probably be reactivated.

You don't have just one headache here, you essentially have 3. The probation violation, the underage drinking, and the assault.

As Excon said - start making tracks in the direction of a good criminal attorney. You'll pay a lot, but what are your alternatives? Jail time for starters. You may still get jail time even with a good attorney for what you've gotten yourself into.

You did violate your probation once by drinking. And now with the added charge of sexual assault that's twice.


The sexual assault is tentative, especially since I didn't do it. I'm hoping to get that resolved, because it was consensual. She actually asked me to have intercourse, to which I declined.

She actually asked me to have intercourse, to which I declined.Hello again, in:

And, you're going to prove that how? She's apparently saying something different now. Besides, in the law, a drunk girl CANNOT consent to sex. You're in trouble, Dude!

excon

Let me see you naked in her room and guess what oral sex is sexual assault, if it was sex then it would be rape not sexual assault.

So you admitting you had oral sex with her while she was too drunk to understand regular sex, is a confession so based on your own confessoin right here on the internet for everyone to read you are guilty
*** most likely, still have to be proved in court

I would be in the office of the best criminal attorney I could afford this afternoon. And I most certainly would not tell the story you just did to anyone, esp the police without an talking to an attorney first.

Let me see you naked in her room and guess what oral sex is sexual assualt, if it was sex then it would be rape not sexual assualt.



From what I remember, she initiated it though. She asked ME to do it, and I was the reluctant one. What can I do or say to prove this? DNA test her and take a polygraph? Would that be helpful?

From what I remember, she initiated it though. She asked ME to do it, and I was the reluctant one. What can I do or say to prove this? Hello again, Youngster:

That was THEN. This is NOW. The only way to prove it, is to have a real mean attorney grilling this chick on the witness stand, and making her look like a slut that throws around blow jobs to any willing comer.

How many times do I need to say this??

excon