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What to Do If You Are Accused of Child Molestation
27 Jun 2018

What to Do If You Are Accused of Child Molestation

child molestationAmong the worst crimes an individual can be accused of his child molestation. Those who face false accusations are generally individuals who work with children on a daily basis. That could be coaches, teachers, day care center employees, babysitters, clergy, or after-school tutors.

False accusations for child molestation occur for one of two reasons. Either a child intentionally seeks to tarnish the name of an authority figure, or the child misunderstands an encounter with an adult.

When the latter happens, there is generally an adult who guides them toward this belief. There are some instances in which an adult may also misunderstand a child’s description of an event.

There are also instances in which a child who has suffered abuse by an adult may accuse someone else who looks like or reminds them of the offender.

If you have been accused of child molestation contact Twohig Law Firm immediately at (505) 569-6382. You need the best defense possible. That’s where we come in.

Avoid Making Statements About the Incident

Anyone who is falsely accused of child molestation will immediately be put under investigation by authorities. It’s a serious accusation that most people do not think about from a rational or detached perspective.

Even if the accusations are completely false and have no basis in reality, you are not in a strong position. Your instinct will be to defend or explain yourself, but anything you say at this point will not be considered either by the accuser’s parents or by the police beyond its capacity to incriminate you.

It’s simply best not to engage with them at all until after the allegations and evidence are clear. Anything you say will be directed at someone who is enraged at you. They will only use your explanation against you.

That’s why your first order of business should be to contact a sex crimes attorney.

It sometimes happens that those who are accused of child molestation are confronted by their employers before they’ve had a chance to retain counsel. This is especially true if they work in some capacity with children. You want to keep your statements short and to the point. Deny what happened, but don’t offer up any details. You may request to be put on administrative leave while the situation is sorted out.

Do not:

  • Attempt to make contact with the child who is accusing you,
  • Attempt to make contact with the child’s parents,
  • Initiate any direct contact with the victim or their parents,
  • Talk to law enforcement without an attorney present,
  • Or give any evidence to law enforcement.

Do not give any evidence to law enforcement without consulting an attorney even when you believe that evidence will prove that you’re innocent.

What Your Criminal Defense Lawyer Will Do

The police will conduct a criminal investigation into the charges. Often in cases where the accusations are false, the only evidence they have to go on is the child’s testimony and adult corroboration. Your lawyer’s job will be to find inconsistencies in the child’s account and determine whether the child is lying. Your attorney must also determine whether or not someone has coached the child, or if the child misunderstood what happened.

In addition, your attorney will investigate whether or not you have an alibi for the charges. The hope, of course, is that the case never gets to the trial phase.

In cases where an individual is facing false accusations, there is no physical evidence linking them to the crime. In some cases, the child actually has suffered from physical abuse, just not by the person who is facing the accusation. Your lawyer’s job will be to go over the physical evidence as it relates to your case.

Preparing Your Defense

If there is nothing that directly exonerates the accused, a prosecutor may proceed with a case on the basis of witness testimony alone. Your lawyer will advise you on what you should or should not say to the police.

Prosecutors and police may request DNA samples. A lawyer can help you make the decision to cooperate with the investigation or not.

The prosecutor may offer you a plea deal. Your lawyer can help you understand what that plea would entail and the consequences of accepting it. He will also represent you in criminal proceedings if the case goes to trial.

At Twohig Law Firm, We Understand the Criminal Defense Process

If you are facing accusations of child molestation, contact the Albuquerque criminal defense attorneys at Twohig Law Firm. We can provide you legal guidance and begin preparing your defense immediately.

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