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Law Educator, Esq.
Law Educator, Esq., Lawyer
Category: Criminal Law
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Experience:  Attorney with over 20 years law enforcement, prosecution, civil rights and defense experience
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Our nephew (age 17) has been falsely accused of molesting ...

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Our nephew (age 17) has been falsely accused of molesting his cousin (female 14). It comes shortly after he and his parents recently settled a rape charge (the kit was negative and text messages from the girlfriend showed a frame-up) against him. We believe the cousin is fabricating a situation so that she can avoid moving out of her house while her mother is in the hospital; the time she refers to is 2.5 years ago. Her story is simply not credible and we think that she got the idea because of the charge against the nephew. We want to know if there is something proactive we can do to protect the nephew should the accusation go public. We already know that the cousin''s mother and sister believe the accusation is false, but that could easily turn. What steps can we take to prove the cousin wrong and protect the nephew?
Submitted: 6 years ago.
Category: Criminal Law
Expert:  Law Educator, Esq. replied 6 years ago.
Unfortunately, most of these types of cases come down to the credibility of the parties involved. First, you should have an attorney representing your son and none of you should be talking to the authorities without an attorney present. Second, you should gather all of the evidence from that time frame that could go to prove your son's innocence, if any exists. If no evidence exists, as I previously mentioned, the case will come down to whether or not the DA and/or the court believes your nephew or his cousin.

The court does not have to let in evidence of the prior incident if it does not believe it is relevant to the current situation, but the DA may consider the prior incident in reaching his decision.

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Law Educator, Esq., Lawyer
Category: Criminal Law
Satisfied Customers: 91318
Experience: Attorney with over 20 years law enforcement, prosecution, civil rights and defense experience
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Law Educator, Esq.
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