[nheimerle]

I have a question and I really need an answer as soon as possible.

Someone I know was being accused of sexual assault so he turned himself in, he was not arrested. He stood before the judge with his attorney and was given an Anger Management class because apparently there was no proof. This was about twenty years ago.

Just recently a couple of other girls related to this first girl who lied have also accused my friend of sexual assault but this time he was arrested and is now free on bail. He was supposed to have been given a deal, he passed two lie detector tests but now the father is insisting that my friend's records be thoroughly searched because of what happened back then.

They ran a rap sheet and came up empty handed, can they actually find something that would pertain to this old case even though he was not arrested? And what would happen to him if something were to show up? They were not going to trial with this, can they even though they already decided to make a deal?

I hope you can understand what I'm trying to say, it sounds a little confusing but it's all that I know about it.

A Friend Who Needs Answers...

[Fr_Chuck]

1. First unless you are charged with a crime you don't go before a judge, and he may not have been cuffed by the police, but once he turned hiself in, that was an arrest. He was sentenced, so there had to be some proof, had there been NO PROOF, he would have been found not guilty and gotten off without anythint, so perhaps they made a plea bargin for anger management.
So please alhtough police did not cuff him, he had to be arrested in the true term of the law to ever get before the judge.
But it is never the arrest that shows up on the record, it is the conviction
I am not sure who "they" are that ran the rap sheet, but if the police ran a criminal records check, and this visit to the judge was a criinal case, not a civil matter, it will show up.

So please learn some correct terms, a person is charged with a crime, either by the DA or grandjury or both depending on your state, once they are charged, a warrant would be issued for their arrest. At the time they go into custody, ( Ie turn himself in) that was his arrest when he turned hisself in. And then he went before the judge.
So YES, he was legally arrested , not police jumping on him, but when he turned hisself in, that was taken into custody, i.e. arrested.

Now don't matter if he passes 100 polygraphs, they can't be used in a court of law for criminal cases. So a jury would never know he ever took a polygraph and past similar cases may at times be used to show a patterern, if not at trial, for sure at sentensing.

[excon]

Hello nh:

The first thing I would advise your friend to do, is KEEP HIS MOUTH SHUT! The second thing I would advise your friiend to do, is HIRE A LAWYER.

There is NO other advice needed beyond that.

excon