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Zoey_ JD
Zoey_ JD, JustAnswer Criminal Law Mentor
Category: Criminal Law
Satisfied Customers: 16503
Experience:  Admitted to NYS Criminal defense bar in 1989. Extensive arraignment, hearing, trial experience.
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Hi Fran, Last month Aug 12th my 13 year old daughter came

Resolved Question:

Hi Fran,
Last month Aug 12th my 13 year old daughter came to me and told me that my husband( her stepfather) molested her while she was with him on a work trip in July. She stayed at a house he was renting by herself,while he worked a 12 hours shift. Well I did question her and report it. I went with them to the hospital and they took her away to a foster family. That got me for Neglect. Failure to report when I was the one that reported. As for my husband he was taken in for questioning 1 time and I told him do not speak to them again. Didn't know at the time. The detectives called him almost everyday. He just didn't answer. I have believed him from the very start. The first question I asked her was the wrong place it could have started and was 5 years ago and not 1 year ago. Everything my daughter said has been so many contradictions. They have not arrested him and it's been a month and 3 weeks. I know they are still looking because they questioned and friend and he really didn't know anything. I feel they are grasping at straws. DFS knows I strongly believe she is lying and I have shown them numerous contractions from facebook talking to her sister about this. This poor girl of mine was truly molested by her stepbrother who admitted it but had moved out of state before they could arrest him. Was it bad of me to give this information to DSF? How do you feel about talking to them? Can I record my daughter at our meeting legally? She says strange things like "im tired of all the questioning" "I can't remember everything I've said to people". Do you thinks it's good or bad they haven't arrested him. Our next court date is Nov 21. They will decide at that time if they are going to proceed with this. This all happened in July. Are they grasping at straws?
Submitted: 12 months ago.
Category: Criminal Law
Expert:  Zoey_ JD replied 12 months ago.
Hello and thanks for requesting me.

I think you correctly told your husband not to talk to the police. It is never a good idea for a suspect of a crime to submit to interrogation. The police are trained as interrogators. They are highly skilled at it and very manipulative as well. So they can twist what gets said into admissions of guilt.

When you submit to interrogation without knowing precisely what evidence the police are looking for, anything said -- even that which the suspect thinks is harmless -- can be hurtful if it corroborates evidence given to them by the complainant.

By not providing evidence, he likely did himself a huge favor, because it appears to me that the police realize that this child does not tell consistent stories, and that they don't have a case they feel certain about. The fact that they have not arrested your husband given the serious nature of these charges supports the fact that they don't think that they can presently make the charges stick if they take him in.

Things can change, of course. The state is still investigating. But it's a very good sign that he has still not been charged.

As far as taping your daughter is concerned, Wyoming is a one-party state when it comes to recording telephone conversations. That means that as long as one of the parties to the taping knows that the conversation is being recorded, it is legal in the state of Wyoming. So the fact that your daughter did not know or consent to the taping would be irrelevant so long as the other party to the conversation knew it was being taped.
Zoey_ JD, JustAnswer Criminal Law Mentor
Category: Criminal Law
Satisfied Customers: 16503
Experience: Admitted to NYS Criminal defense bar in 1989. Extensive arraignment, hearing, trial experience.
Zoey_ JD and 3 other Criminal Law Specialists are ready to help you
Customer: replied 12 months ago.

My other question to you that you didn't answer was. Do you think I should be giving this information to Dept. of family services about the inconsistencies. Not sure if I trust them either.

Expert:  Zoey_ JD replied 12 months ago.
Hi,

Sorry. I missed that piece. No, you don't have to give information to DFS and there's no particular reason that you should trust them. You have a lawyer. You should be giving what you think will help your husband to your lawyer to handle appropriately. He'll know from the facts and circumstances of the case when it can do you good to give information and when it can kick back at you.

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