My name is XXXXX XXXXX I am a criminal
The police do not need very much evidence to make an arrest and the state does not need much to file charges. All they need is something called probable cause
. Probable cause in this instance would just be the reasonable belief that illegal sexual contact may have occurred and that a particular defendant may have had something to do with it.
The words of a credible-sounding complainant can be enough to provide the State with probable cause, and the police do not have to investigate any further than that before turning the file over to the prosecutor. If you're thinking that anyone can get someone else arrested if they are a good liar, you are not very far from the truth, and it's fortunate that most people are honest and don't try, or we'd all end up under arrest at one time or another.
What's also lucky is that while it is very easy for the State to justify an arrest, it can't get a conviction unless it proves the charges to a jury or judge beyond a reasonable doubt. That burden is the heaviest in all of law, because if there's any doubt about what occurred, the finder of facts must dismiss the case.
So, if the person who was charged with touching a minor is indeed innocent, and if the minor is nothing but a liar, the defendant will be able to fight this case and his lawyer can try to show the minor for the liar that she is.
If this person has already been convicted after trial
, and that's why he is going to prison, then his lawyer has 30 days from the sentencing to file a notice of appeal to take his case before a higher court
to try to reverse the conviction. If this person took a plea, then he has told the court that he did
do this. He can still try to petition to get his plea back or appeal it, but his own admission of at the time of his plea and sentencing can be used against him, making this hard to win.
Either way, he'd need a post-conviction criminal attorney to try to undo this if he has now decided that he should have gone to trial on the case.