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Dwayne B.
Dwayne B., Lawyer
Category: Criminal Law
Satisfied Customers: 32549
Experience:  Numerous criminal trials ranging from traffic to murder, practicing Criminal Law for 20+ years.
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I was wrongfully accused of a crime which cost me a lot of

Customer Question

I was wrongfully accused of a crime which cost me a lot of time, money, and emotional distress. Absolutely no one has had to answer for it and their was motive and malice on the part of the accuser. What can I do?
Submitted: 4 months ago.
Category: Criminal Law
Expert:  Dwayne B. replied 4 months ago.

Hello and thank you for contacting us. This is Dwayne B. and I’m an expert here and looking forward to assisting you today.

Expert:  Maverick replied 4 months ago.

Welcome! My name is***** give me a few minutes to analyze and/or research your inquiry and I will be back.

Expert:  Dwayne B. replied 4 months ago.

Can you provide some additional information on the charge, how it happened, etc?

Customer: replied 4 months ago.
I was accused and charged with sexual contact with my own five year old daughter,. Two years after the accusation the charges were dismissed in the "best interest of justice." When my daughter was questioned by the DA before trial she told them her mother had told her to say these things.
Expert:  Dwayne B. replied 4 months ago.

Are you wanting to sue the mother now?

Customer: replied 4 months ago.
I don't know who to sue. The mother is a social worker. The agencies involved in the investigation were all current or former employers of hers. Also her step father tried to blackmail me. I have the call recorded.
Expert:  Dwayne B. replied 4 months ago.

It would be extremely hard to sue anyone in law enforcement or the government if the child said she was molested. There is almost a "default" of assuming what a child that age says is true, at least until you can investigate.

Expert:  Dwayne B. replied 4 months ago.

If you do decide to sue then the only one that is a likely defendant is the mother but your entire case is based on the testimony of the child and, realistically, you never know what a five year old is going to say from one time to the next.

Customer: replied 4 months ago.
Does it not matter that the agencies involved knew the alleged victims mother? That she worked for them?
Expert:  Dwayne B. replied 4 months ago.

No, that doesn't matter a lot. You could claim a conflict of interest but there is not a law that says if they know the mother then they can't investigate. You may want to look at whether a civil rights lawyer would be willing to pursue the case from the civil right angle but only if they would do it on a contingency fee basis. You definitely don't want to get into a situation where you are paying a lawyer to pursue the case with these facts.

Expert:  Dwayne B. replied 4 months ago.

If the child had never said that you abused her then obviously that changes things but if she told them it had happened then they have an obligation to investigate. They probably should have called in a different office to look at the case but to pursue a lawsuit as a practical matter you have to prove they broke some rule or law in investigating it themselves and I've worked on these types of cases in a number of states and have never seen a rule like that.

Customer: replied 4 months ago.
It's very frustrating. The mother knew exactly what she was doing and she just gets away with it.
Expert:  Dwayne B. replied 4 months ago.

As I said, the only route I see that may have a solution is the civil rights area. To know for sure you would have to sit down with a civil rights lawyer and go over all of the facts in extreme detail, something we obviously can't do on here. The lawyer would then get a copy of all of the paperwork in the case and go over it and might be able to tell you then whether you have a viable civil rights case. You definitely don't have a criminal action and a standard negligence action is unlikely as well.

You could sue for intentional infliction of mental anguish but the "key" witness would be your daughter and she is just too young to be able to pursue the case and have any idea on how it will really turn out.

Expert:  Dwayne B. replied 4 months ago.

If the daughter was 13 or so then you would definitely have a case that you could pursue but at five years old there's a very good chance the judge won't even let her testify.

Expert:  Dwayne B. replied 4 months ago.

You can find a civil rights lawyer to assist you by going to www.lawyers.com and in the section for Area of Practice enter Civil Rights.

If your question has been answered then I'd offer my best wishes to you and ask that you please not forget to leave a Positive Rating so I receive credit for my work.

Of course, please feel free to ask any follow up questions in this thread. I want to be sure that all of your questions are answered.

Customer: replied 4 months ago.
Thank you.
Expert:  Dwayne B. replied 4 months ago.

You're very welcome. I wish I could give you an answer that was "good news" but this is the kind of case that it would be easy to spend a lot of money on and then lose it all at the end if you don't know the negatives associated with it.

Expert:  Dwayne B. replied 4 months ago.

Best wishes to you and please don't forget to leave a Positive Rating so I receive credit for my work.

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