What to do if You are Falsely Accused
False allegations have become increasingly common in California criminal courts. Fathers and boyfriends can find themselves struggling with false child abuse allegations, false allegations of child neglect, false allegations of physical abuse, false allegations of emotional abuse, and even false allegations of mental abuse.
Making an accusation of child abuse has become just another weapon in the family court. Douglas Slain is an authority in fighting false claims of child abuse. He can help you and your family to navigate this complicated and unhappy area.
If you have reason to believe a partner with whom you are in a custody dispute has accused you of child molestation charges, here is what you should do: FIGHT BACK! This is your life someone is messing with. Right now you are facing at least two adversaries. The attorney for the mom will call Child Protective Services (CPS). CPS will listen to the mom's attorney. If CPS hears about alleged child molestation, CPS will, inform the district attorney's office.
ACT NOW:
- Look for an experienced lawyer who works with experienced investigators;
- Do not permit anyone from Child Protective Services to enter your home without a warrant (you may be waiving future objection to additional such visits);
- Speak to no one about this matter (aside from your parents and others on whom you rely) without a lawyer present;
- If you are not living with the alleged victim, know that, in all likelihood, any attempt by you to contact her or him will be construed as an attempt to manipulate the system;
- Minimize alcohol use, especially if others believe alcohol is a problem for you. Nothing raises red flags in family court and with the CPS staff quicker than a drinking problem, whether perceived or real;
- Be physically active to fight negative thinking and depression;
- Try to reconstruct everything you did and everything about where you were when the alleged act or acts occurred;
- Strip-search your child's room or wherever the child spends her or his time; look for notes, letters, diaries, photos; give copies to your investigator or lawyer;
- DOCUMENT EVERYTHING; if possible, tape record or videotape all conversations with anyone associated with your case. in California, you have to ask for permission to record. If you cannot get such permission, then immediately memorialize the interaction by writing down exactly what was said.
Help your lawyer. Prove your case. Get affidavits of your good character from friends, co-workers, and clergy- from anyone who knows you that is willing to help you.
Work with your lawyer to prepare a motion and discovery plan. This plan is the basis of your case. It is designed to keep out the evidence that is prejudicial or irrelevant to your case and to make sure that the evidence you want before the court is admissible.
Work with your lawyer to prepare an investigation to support your ability to respond to the logical question in everyone's minds: If there was no molestation, why is the child (or children) saying there was?
You must develop with your lawyer a theory of the case. This includes which witnesses to interview, what issues need to be covered, and what sequence those issues should take. The five W's--who, what, where, when, why--need to be addressed.
Finally, your lawyer must determine if the prosecutor will be using expert witnesses and whether you should retain one. The experts most frequently used are mental health experts and medical experts.
Contact the Law Offices of Douglas Slain to retain a criminal defense attorney.
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