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TEN
THINGS TO DO WHEN FALSELY ACCUSED OF SEXUAL ASSAULT, DOMESTIC
VIOLENCE OR CHILD ABUSE |
- You
have to begin by realizing the level of trouble you
are in.
Understand
the consequences if you underestimate the legal ramifications
for your life if you make the wrong decisions. Unfortunately
most people go into some level of denial and minimize
the trouble they are in. As a consequence
they fail to do things they must and find themselves
in much deeper legal troubles than they started out
with. For an example, say child sexual abuse allegations
rise during a divorce case, and you feel they mean little.
Or your attorney says "they have no case."
So you do nothing or bumble along, and then you find
criminal charges filed, or a juvenile court action filed
against you, or worse find yourself in the three ring
circus of all three at the same time. Had
you reacted properly the eventual cost would be a fraction
of what it will cost if things get out of hand.
- Select
the right attorney to represent you
There
are many fine attorneys in America. Attorneys
good at drug cases or speeding tickets, or good at representing
women in custody cases, but who you may learn the hard
way will send you down the toilet because they aren't
good on the kind of case YOU have. You should
begin by checking out the lawyer you are considering
hiring. It is wise to ask for the lawyer's CV
(resume) and perhaps determine how many cases like yours
he has handled.
- Build
a war chest.
Most
people don't want to hear that this kind of case will
be expensive. When you are falsely accused of
child abuse, rape, or domestic violence you are facing
a high probability of criminal charges, and if you are
facing criminal charges in one of these areas you are
facing a very high probability of conviction unless
you take strong steps to prevent the issues from getting
out of hand. This will require taking some steps
such as getting specialized psychological testing and
a properly designed polygraph or similar testing.
As well as lining up other necessary evidence and experts.
All of this will cost. You need to adjust your thinking
to thousands of dollars instead of hundreds of dollars.
There are those who promise cheap, quick and easy solutions.
However you'll likely find that they will not wind up
really being cheap, quick nor easy. They can send you
away for a long time
- Educate
yourself
In
selecting ANYONE to represent you, it is always a matter
of Caveat Emptor, (let the buyer beware). You should
never rely solely on anyone, not even ME! You
can't help defend yourself from a place of ignorance.
You'll need to educate yourself on the subject area
of the allegations you are facing. When your team tells
you that you need to do "A" it is important
that you understand why you need to do that. Lots
of time can be wasted trying to explain every step to
you, and often the effort spent "selling"
you on the need to do "A" or "X"
becomes so tiresome that anyone will decide to stop
trying. You need to understand why the things are necessary
and not just be a cash cow and a passenger along for
the ride.
The
best results come from a fully involved and informed
client. Many lawyers don't like that, but the
better ones demand it. Beware and don't snatch
defeat out of the jaws of victory.
- Do
a time line
You
will need to put a time-line in writing. Start from
day 1 and go through to today in as much detail as you
can recall. This will be a great aid to your defense.
- Begin
working on a witness list.
You will need to start compiling a witness list. The
best form I have found is 3 by 5 cards, or in some cases
5 by 7 cards. Include the people's name, addresses,
phone information, as well as their employment and a
brief biography. And also a brief bit on what
they can testify to. Outline form is best.
Don't limit yourself on who you have down, use bad witnesses
as well as ones on your side. Let us decide who
is important and who isn't. Often people you think
are unimportant turn out to be the key to the case.
- Check
Yourself.
Often people in your shoes become their own worst enemies.
You will have to watch what you say and do. An ill-considered
comment can send your case into the toilet. One very
key thing is getting you prepared to handle yourself
as early as possible. A good team has someone who can
do that, and assigns them from day one.
- Scientific
testing.
If this is a sex case, you will want testing that tends
to disprove the allegations against you. Tests that
relate specifically to what you are being accused of.
So specialized testing is necessary. The same tact must
be taken for domestic violence or any other allegation
of misconduct. Show that YOU don't have what it takes
to be guilty.
- Work
Hard.
- Don't
Give Up - Stay Up.
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