How JustAnswer Works:

  • Ask an Expert
    Experts are full of valuable knowledge and are ready to help with any question. Credentials confirmed by a Fortune 500 verification firm.
  • Get a Professional Answer
    Via email, text message, or notification as you wait on our site.
    Ask follow up questions if you need to.
  • 100% Satisfaction Guarantee
    Rate the answer you receive.

Ask Nate Your Own Question

Nate
Nate, Lawyer
Category: Criminal Law
Satisfied Customers: 10536
Experience:  Over 10 years of criminal defense practice.
Type Your Criminal Law Question Here...
Nate is online now
A new question is answered every 9 seconds

I found my step daughter sex texting on her phone and when

Resolved Question:

I found my step daughter sex texting on her phone and when I took the phone away and grounded her she accused me of molestation and demanded to live with her dad. CPS interviewed her one time and closed the case with out even talking to me or my wife now I have an indictment for indecency with a child on two counts can I sue these people.
Submitted: 11 months ago.
Category: Criminal Law
Expert:  Nate replied 11 months ago.
My name is XXXX. X have been a licensed attorney for over ten years and will be assisting you today.

It's rather surprising you are being criminally prosecuted if children's services closed the case.


Who precisely are you considering suing?
Customer: replied 11 months ago.
They closed it and sent me a letter saying there was reason to believe I did and the case worker in my town because my step daughter was in another town was still investigating. My step daughter also accused me of abusing my daughter at the same time and the investigator here talked to her and said there was no credit to the allegation. I went down to the sheriff office and they asked me to do a lye detector test. I was fasting for a surgery and was very light headed at the time. I told them this but they insisted that I take it anyway and of coarse I failed. That was all they did they didn't talk to my family or any of my friends or do any kind of investigation what so ever. I own an HVAC company and I am well known in this community. I have never been arrested my record is very clean I do not drink or do drugs all I have ever done is what I am supposed to.
Expert:  Nate replied 11 months ago.
If the police have a failed lie detector test that would be just enough to charge you. However, in light to the closing of the DCS case and the obvious credibility problems with your stepdaughter's story, law enforcement would usually take a different approach.

Once you are acquitted, you can then attempt a lawsuit against the department. You would need to show four things in order to win a lawsuit for malicious prosecution:

(1) that the original case was terminated in favor of the plaintiff, (2) that the defendant played an active role in the original case,
(3) that the defendant did not have probable cause or reasonable grounds to support the original case, and
(4) that the defendant initiated or continued the initial case with an improper purpose

Your first order of business is to hire the best criminal defense lawyer you can. You must win the criminal case against you before anything else matters.

If you have more questions please feel free to ask. I'll be happy to answer them. If you do not, please do remember to rate my service in assistance to you today.

Thanks!
Nate
Customer: replied 11 months ago.

What should I do about this indictment do I turn myself in or what.

Expert:  Nate replied 11 months ago.
That's the best thing to do. Be prepared to make bond (they'll tell you what it is when you're booked) and then retain a defense lawyer.
Nate, Lawyer
Category: Criminal Law
Satisfied Customers: 10536
Experience: Over 10 years of criminal defense practice.
Nate and 13 other Criminal Law Specialists are ready to help you

JustAnswer in the News:

 
 
 
Ask-a-doc Web sites: If you've got a quick question, you can try to get an answer from sites that say they have various specialists on hand to give quick answers... Justanswer.com.
JustAnswer.com...has seen a spike since October in legal questions from readers about layoffs, unemployment and severance.
Web sites like justanswer.com/legal
...leave nothing to chance.
Traffic on JustAnswer rose 14 percent...and had nearly 400,000 page views in 30 days...inquiries related to stress, high blood pressure, drinking and heart pain jumped 33 percent.
Tory Johnson, GMA Workplace Contributor, discusses work-from-home jobs, such as JustAnswer in which verified Experts answer people’s questions.
I will tell you that...the things you have to go through to be an Expert are quite rigorous.
 
 
 

What Customers are Saying:

 
 
 
  • Your Expert advise has provided insight on a difficult situation. Thank you so much for the prompt response. I will definitely recommend your website to my friends. Norma Pensacola, FL
< Last | Next >
  • Your Expert advise has provided insight on a difficult situation. Thank you so much for the prompt response. I will definitely recommend your website to my friends. Norma Pensacola, FL
  • Mr. Kaplun clearly had an exceptional understanding of the issue and was able to explain it concisely. I would recommend JustAnswer to anyone. Great service that lives up to its promises! Gary B. Edmond, OK
  • My Expert was fast and seemed to have the answer to my taser question at the tips of her fingers. Communication was excellent. I left feeling confident in her answer. Eric Redwood City, CA
  • I am very pleased with JustAnswer as a place to go for divorce or criminal law knowledge and insight. Michael Wichita, KS
  • PaulMJD helped me with questions I had regarding an urgent legal matter. His answers were excellent. Three H. Houston, TX
  • Anne was extremely helpful. Her information put me in the right direction for action that kept me legal, possible saving me a ton of money in the future. Thank you again, Anne!! Elaine Atlanta, GA
  • It worked great. I had the facts and I presented them to my ex-landlord and she folded and returned my deposit. The 50 bucks I spent with you solved my problem. Tony Apopka, FL
 
 
 

Meet The Experts:

 
 
 
  • Fran L.

    JustAnswer Criminal Law Mentor

    Satisfied Customers:

    8061
    18 yrs of NYC public defense. Extensive arraignment, hearing, trial experience.
< Last | Next >
  • http://ww2.justanswer.com/uploads/RE/retiredlawyer/2012-6-6_19326_franL.64x64.jpg Fran L.'s Avatar

    Fran L.

    JustAnswer Criminal Law Mentor

    Satisfied Customers:

    8061
    18 yrs of NYC public defense. Extensive arraignment, hearing, trial experience.
  • http://ww2.justanswer.com/uploads/RA/ratioscripta/2012-6-13_2955_foto3.64x64.jpg Ely's Avatar

    Ely

    Counselor at Law

    Satisfied Customers:

    2079
    Private practice with focus on family, criminal, PI, consumer protection, and business consultation.
  • http://ww2.justanswer.com/uploads/NA/nathanmoorelaw/2011-5-31_21375_headshotbig.64x64.jpg Nate's Avatar

    Nate

    Lawyer

    Satisfied Customers:

    1625
    Over 10 years of criminal defense practice.
  • http://ww2.justanswer.com/uploads/LA/LawTalk/2012-6-6_17379_LawTalk.64x64.JPG LawTalk's Avatar

    LawTalk

    Lawyer

    Satisfied Customers:

    1434
    30 years legal experience
  • http://ww2.justanswer.com/uploads/PH/philip.simmons/2012-6-7_161915_BIGPhilipSimmons.64x64.jpg P. Simmons's Avatar

    P. Simmons

    Lawyer

    Satisfied Customers:

    1418
    16 yrs. of experience including criminal law.
  • http://ww2.justanswer.com/uploads/marshadjd/2009-6-1_194320_marshajd.jpg Marsha411JD's Avatar

    Marsha411JD

    Lawyer

    Satisfied Customers:

    1380
    Licensed attorney with 27 yrs. exp. in criminal law
  • http://ww2.justanswer.com/uploads/RO/RobertJDFL/2012-6-6_175352_7538220120606.64x64.jpg RobertJDFL's Avatar

    RobertJDFL

    Lawyer

    Satisfied Customers:

    1300
    Experienced in multiple areas of the law.