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Alex J. Esq.
Alex J. Esq., Attorney at Law
Category: Criminal Law
Satisfied Customers: 16559
Experience:  Experienced Licensed Attorney / Criminal Law Mentor
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Can a step-father actually be charged with assault and

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Can a step-father actually be charged with sexual assault and / or incest, in the state of Montana, if while he was sleeping his arm and hand unknowingly fell across his step-daughter in a way that made her feel uncomfortable?

Alex J. Esq. :

Hello. My name is XXXXX XXXXX I will be glad to help you.

Alex J. Esq. :

Are you online with me?

Alex J. Esq. :

Welcome to JustAnswer.com

Alex J. Esq. :

I am sorry to hear about this unfortunate situation.

Alex J. Esq. :

How old is the child?

Customer:

just turned 16

Alex J. Esq. :

Where did this alleged crime happen and how did it happen?

Alex J. Esq. :

Are you online with me?

Customer:

she went with him on one of his work trips and as you can imagine the sleeping quarters in the truck he drove to Montana was not that spacey. She has admitted to me that it was just an accident, because he was asleep

Alex J. Esq. :

Generally, if there was no intentional sexual conduct, it would not be likely that the stepfather would be charged with a sex crime, especially if the stepfather was asleep when that happened and nothing more than accidental unintentional touching took place.

Alex J. Esq. :

Does this make sense?

Customer:

His present wife is doing this to him because he wants a divorce

Alex J. Esq. :

Well, if the stepfather is questioned by anyone about this allegation, he should not make any statements and should demand to speak to local criminal defense attorney and have this local criminal defense attorney present with him during any questioning by law enforcement.

Alex J. Esq. :

Does this make sense?

Customer:

actually he is being held in Montana on a 35,000.00 dollar bond

Alex J. Esq. :

What are exact charges that the stepfather is charged with?

Customer:

I was told that if you are already on P&P your guilty until proven innocent. sexual assault / incest

Alex J. Esq. :

Is the father on probation??

Alex J. Esq. :

I mean the stepfather?

Customer:

yes

Alex J. Esq. :

Well this is an extremely serious situation and the stepfather needs to consult and retain an experienced local criminal defense attorney.

Alex J. Esq. :

What was the stepfather on probation for?

Customer:

drugs

Alex J. Esq. :

Well, if the stepfather was already charged with a sex assault on a minor, that is an extremely serious charge, that carries many years in prison and lifetime registration as a sex offender, so the stepfather does need to hire an experienced local sex crime attorney as soon as possible.

Customer:

he already put in a plea for not guilty, he can't afford a lawyer And they haven't even appointed him one. He has never had this type of charge before

Alex J. Esq. :

I understand.

Alex J. Esq. :

Well, the stepfather will be entitled to a public defender if he is unable to hire a private attorney.

Alex J. Esq. :

Do you have any related follow up questions for me?

Customer:

not at this time, my husband might tomorrow

Alex J. Esq. :

I wish you the best of luck.

Please click on the "Excellent Service" feedback, so I can receive credit for my answer.

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Customer:

thank you for your time

Alex J. Esq. :

Thank you and God bless you and your family!

Alex J. Esq. and 2 other Criminal Law Specialists are ready to help you