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Daniel Solutions
Daniel Solutions, Criminal Defense Lawyer
Category: Criminal Law
Satisfied Customers: 9934
Experience:  over 20 years of legal and professor of law experience
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if someone wasnt convicted of sexual abuse, can you get the

Resolved Question:

if someone wasnt convicted of sexual abuse, can you get the ruling overturned
Submitted: 4 years ago.
Category: Criminal Law
Expert:  Daniel Solutions replied 4 years ago.
If a person was tried for a crime and found not guilty then the criminal case ends at that point because there is a law called double jeopardy that prevents a person from facing trial for the same charges more than once.
Customer: replied 4 years ago.
How can I find out if there was a trial? The DA wont talk to me, and now the perpitrator is admitting to the sexual abuse to their therapist.
Expert:  Daniel Solutions replied 4 years ago.
Unfortunately if there was a trial and he was found not guilty then the record should be sealed and you are not entitled by law to find out if there was a trial.
Customer: replied 4 years ago.
But it effected our daughter is that still the case?
Expert:  Daniel Solutions replied 4 years ago.
No, sorry that does not change the sealing laws.
Customer: replied 4 years ago.
But what if anything can I do to maintain the safety of our daughter that this wont happen again without a conviction? Since he now admits to the sexual abuse.
Expert:  Daniel Solutions replied 4 years ago.

HelloCustomer

I can understand your concern and understand what you are attempting to do here for your child.

 

However, once a record is sealed it can only be openned upon the consent of the judge who sealed the record or another judge for a legitmate legal reason.

 

You can send a letter to the court asking that the judge consider openning a seal filed but most like the judge will refuse your request even with the information you provided to me.

 

Again, I understand what you're trying to do for your child but the law is very clear in sealing of records.

Customer: replied 4 years ago.
So what your saying is that a sealed file is almost never opened UNLESS there is substantiated evidence to open the file? If I have that type of evidence, then it is possible right?
Expert:  Daniel Solutions replied 4 years ago.

Yes to your first question.

I would say not to you second question. A court will most likely refuse your request because it serves no legitimate legal purpose for the court. Even if he lied under oath there is nothing you can do about that case where he was found not guilty. The case is done and over at this point.

Customer: replied 4 years ago.
Wow, I'm really confused at how the law works. I thought the law was supposed to protect and serve the "Best Interests of the Child". I am in a battle to protect my little girl, so I feel like I need to do something because the GAL is going to allow unsupervised visits come summer time. What other avenues can I pursue to protect my daughter?
Expert:  Daniel Solutions replied 4 years ago.

You are confusing a "Best Interest of the Child" standard which is Family Law with the Rights against Double Jeopardy which is Criminal law.

 

If you believe the child is in danger and you disagree with the GAL, then your best option is to seek a Custodial Evaluation from a Child Psychologist to make a report to the GAL and court. That is your only option.

Customer: replied 4 years ago.

Sorry for the confusion, I am trying to arm myself with knowledge, and it seems as though ye who has the most money wins.

 

Actually, a Private Custody Evaluation is the next step in our case.

 

Thank you, XXXXX XXXXX I could have heard something different.

Expert:  Daniel Solutions replied 4 years ago.

I wish I could have told you something different. Please understand that I have small children myself and the mere thought sickens my stomach but it's better for you to hear the law from me that for me to just tell you what I think you want to hear.

 

I wish you much luck.

Daniel Solutions, Criminal Defense Lawyer
Category: Criminal Law
Satisfied Customers: 9934
Experience: over 20 years of legal and professor of law experience
Daniel Solutions and 11 other Criminal Law Specialists are ready to help you

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