So my friend was released because after the lady went to California ,she refused to turn out to testify against him. Our only hope is that it remains that way till 6 months are over then the case will be automatically be terminated .
We will have a hard time trying to clean his background of “rapist /sexual assault” . As I mentioned before he got fired from his work but we hooked him with an underground job that they don’t do background check unless it’s murder.
4 months to go fellows . Thanks for all that were helpful. Will be back for sure.
@Lucern. Not you, but something does not add up in the whole story. You do understand that the Feds will still press charges even if she does not testify. This used to happen all the time in domestic violence cases where the women would “soften up” once their man is in trouble. So the Feds changed policy. They will use evidence collected at the scene and after. Collaborative evidence. And she will be subpoenad to testify and read her testimony in front of the jury. Secondly , if she was only interested in getting the papers, if she refuses to testify, I dont think she will qualify for the papers. Which is her goal according to you. Maybe and just maybe, the rape really did happen. Non consensual sex is rape. She may have told him no because he refused to commit, and he penetrated. A woman will not just turn against you if you were in a relationship unless you actually rape her. The only way he survives is if he didnt do it and she does not testify. The evidence will not support.
But if he didnt do it, I wish him the best. I have seen women throw men under the bus before. Two of my friends beat such situations although different circumstances. They were in much worse situations. So there is hope for you.
He will have no criminal record. The problem is he has an arrest record for rape. Every time an employer does a background check, the arrest record shows up. The best companies walk away since its a crime of moral turpitude.
Federal agencies are not involved unless he is accused of doing the crime in multiple states. Or flees over states lines.
Otherwise it remains a matter with the local state police
they ask this on employment papers and I’m sure you have come across it :
have you been arrested before yes/no and if yes was there any conviction yes/no , if yes state the reasons below . …
…
Anyway my point is I hope when he faces the judge next time he can plead with the case squashed. It was out of malice of self beneficial . I’ll wait for 5 months and I’ll prove you to be right or wrong .
Have him talk to a lawyer but once the case is dismissed he doesn’t need to bring it up in employment papers. Background checks cover instances where you plead guilty. Unless the job is very sensitive.
Btw…a former high school classmate is going through the same in Indiana. Jamaa alikuwa trip ya job, maulevi akabeba dame, next yuko ndani ya slammer. Bail nayo imekuwa balaa. Na papers hana.
So your friend that was a software engineer supervisor, gets released, no conviction yet on his record and you hook him up with an underground job because of the lack of background checks?
Your story is not adding up. If the case has not terminated, there is no conviction on his record until and unless found guilty. In that case it would also be a moot point because he will be serving time if found guilty, thus a felon.
Background checks show arrest records as well as convictions. Some states eg Cali forbid the use of arrest records to make employment decisions. The only way to totally expunge records is to get a pardon from the governor or a Presidential pardon.
I stated clearly that the case is hanging for next 6 months as they wait for the lady to come give her testimony from CA. I didn’t say the case was dismissed . Go through sir .Everytime he looks for a job, the “arrest because of rape /sexual assault” pops out BUT he isn’t convicted . He is waiting conviction or case dismissed after 6 months . I thought I was clear there .
No employer wants to hire someone awaiting sexual conviction , liability is too much. Hence underground job kwa warehouse . I’m getting tired of answering questions like I’m a lawyer . I’m just a friend. Let’s wait for 5 months .