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P. Simmons
P. Simmons, Lawyer
Category: Criminal Law
Satisfied Customers: 27116
Experience:  16 yrs. of experience including criminal law.
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Someone in our family has been charged with 7 counts involving

Customer Question

Someone in our family has been charged with 7 counts involving child molestation in the state of MN after a lengthy and in depth investigation. To put this in context, although he has never been charged in any other similar cases, it is appearing like this is a pattern of behavior in that he fully admitted to molesting his younger sister for years in their family home. My questions are this. When someone whom is 62 and has been in a medical position of authority, involving children most of his life, what are the exact steps when a 62 year old man is charged with 7 counts of Molestation. The county investigating is different from his county of residence. All the correct steps were taken in this case which sadly ended up being the man's high functioning autistic grandson. I was contacted by the lead detective and social worker. The child was closely vetted by medical personal, psychiatric and medical practitioner, the police, social services, and friends and family as well as taped during meetings and questioning. We have been advised that the case is unusually strong. My questions: When this person is charged, is he taken into custody. I am interested in the exact legal steps once charges have been made. Can you assist me in answering these preliminary questions? The young boy turned 7 in June and also lives in a differing county within the state of MN. Counseling and school resources have also been employed as the young man is experiencing many problems including flashbacks. He is very bright, articulates well and able to repeat the horrors of his experiences over and over succinctly without deviation.
Submitted: 1 year ago.
Category: Criminal Law
Expert:  P. Simmons replied 1 year ago.
Hi, My name is Philip. I am an attorney with over 16 years experience. Hopefully I can help you with your legal question.

I am sorry for this dilemma

I will try and answer your questions in order

When this person is charged, is he taken into custody. I am interested in the exact legal steps once charges have been made. Can you assist me in answering these preliminary questions?

When a person is charged with a crime, the next step is typically arrest.

In order to bring an accused to trial, the first step is for the prosecution to file criminal charges.

Once the charges have been filed, the next step is to bring the accused in for arraignment. Arraignment is the first stage of the trial where the accused is formally advised of the charges against them, and they are advised of their rights (the right to remain silent, the right to an attorney to assist in the case, etc)

If the accused is in jail at the time the charges are filed, then it is a simple matter to bring them to arraignment.

If the accused is not in jail then the next step, after charges are filed, would be an arrest.

Once the accused is arrested the court will consider if bond is appropriate or not and will set the trial schedule at the arraignment.

BotXXXXX XXXXXne; what you describe I would expect this accused in this case to be arrested and brought to his arraignment. At that point his attorney can take steps to try and secure bail as well as start the process to prepare for the trial

Please let me know if you have more questions...happy to assist if I can


P. Simmons, Lawyer
Category: Criminal Law
Satisfied Customers: 27116
Experience: 16 yrs. of experience including criminal law.
P. Simmons and 9 other Criminal Law Specialists are ready to help you
Customer: replied 1 year ago.


Thank you for your assistance, as I am a bit scattered with all this going on and may return for further guidance should it be necessary. I was told by the detective initially that it would likely be a year before the case came to an arrest. All I can think it that the accused admitted to the charges as there is some family history of past incest which likely came up. It has only been about 6 weeks so I was not anticipating charges at this time. The detective in this case has questioned me in depth as I know the accused over a lifetime. Many were questioning me as to whether or not the accused would be arrested and I was just to overwhelmed to figure it out on my own. Thank you once again.

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