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LawTalk, Lawyer
Category: Criminal Law
Satisfied Customers: 34884
Experience:  30 years legal experience
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My husband was arrested for receiving child pornography and

Customer Question

My husband was arrested for receiving child pornography and is still in jail awaiting trial. There is no evidence that he ever touched a child and they found no pictures of my children. I have never seen anything that would lead me to believe that my children were ever touched or ever saw this material. Now the FBI is telling me that unless I consent to them examining and questioning my three year old without me present they will take my two very young children away. I do not want my child to go through this but I am afraid to refuse my consent.
Submitted: 3 years ago.
Category: Criminal Law
Expert:  LawTalk replied 3 years ago.
Good afternoon,

I'm Doug, and I'm very sorry to hear of your situation.

Receipt of child pornography by your husband does not mean that your children have been abused, neglected or otherwise harmed and the threat to remove them from the home is most likely a hollow threat.

It would be children's services that would have the authority to do this.

It would be a bad idea for your children to be questioned by the FBI and I urge you to retain a local Criminal Defense attorney to assist you in resisting the interrogation by the FBI of your children. Nothing good can come of it.

You may reply back to me again, using the Reply to Expert link, if you have additional questions.

Until you rate me highly for my service, I will not be credited with helping you. Would you please rate me now, based on my assistance to you in understanding the law.

I wish you the best in 2012,

Customer: replied 3 years ago.

A criminal defense attorney has been appointed but says that he will not see my husband for 10 to 14 days until after he has reviewed the file. I am considering just going to visit family out of state for a few weeks but my husband thinks that this will look like an admission of guilt for him. The FBI people tell me that they have already contacted children's services and that if I refuse to allow my 3 year old to be questioned and examined children's services will take both children.

Expert:  LawTalk replied 3 years ago.
Good morning,

Again, I empathize with the situation you are in, and I understand your desire, and your need to protect your children. You say that a defense attorney has been appointed. I presume you mean a state/federal defense attorney.

YOU and your children need a private criminal defense attorney to assist you. You are going to have to pay this attorney yourself. Your husband's appointed attorney can not represent you or your children.

You should know that children's services has the authority to take the children-----heck, they really have more power than the police in this regard, and they have the backing of the court.

Hiding out of town will only probably make things worse. You need to fight this ---head on. You have little option. You need to retain a criminal defense attorney for you and your children and do so immediately.