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Nate
Nate, Lawyer
Category: Criminal Law
Satisfied Customers: 10685
Experience:  Over 10 years of criminal defense practice.
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I found my step daughter sex texting on her phone and when

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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: 3 years ago.
Category: Criminal Law
Expert:  Nate replied 3 years ago.
My name is Nate. I 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 3 years 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 3 years 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 3 years ago.

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

Expert:  Nate replied 3 years 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.
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