If Accused of Abuse or a Sex Crime
What should
you do?
Immediately contact an attorney who specializes in cases involving false
accusations of abuse.
Make sure that your attorney and investigator have a plan of action.
Some attorneys will do little and recommend a plea bargain. Your
attorney can help you prearrange bail so that you can avoid spending any
time at all in jail if arrested. People accused of abuse are
targets for jailhouse beatings. Do not tell another inmate what
you are charged with!
Under no
circumstances should you talk about your case with anyone (police
detectives, clergy, doctor, therapist, friends, social workers, state
agencies, or parents) until you have retained an attorney. Your
statements to these individuals are not privileged
(i.e. confidential).
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Do not rely
on the police.
In a false
allegations of abuse case, do not rely on
the police investigation to uncover the facts. Your only hope of proving
your innocence is having a defense investigator discover and protect
important defense evidence before it is lost.
If called by
the accuser or a family member of the accuser, hang up immediately. The
call may be taped by the police, and any statement you make can be taken
out of context and used against you to build a case.
Use a regular
phone when speaking to your attorney and/or investigator. Portable
phones and mobile phones can be monitored.
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Be prepared
for a search.
Be prepared for a search of your house, car, or even your workplace. The
police most often look for pictures of children, books and magazines
with sexual material, sex toys, sex manuals or encyclopedias, diaries,
correspondence, or address books. Address books and correspondence are
used to contact anyone you know, including your employer. They may also
look for any private notes on your case that are not clearly marked
"Attorney/Client Work Product."
Should your
house be searched, you have no right to interfere. Call your attorney
during the search and do not engage in any conversation with the police.
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