How JustAnswer Works:
  • Ask an Expert
    Experts are full of valuable knowledge and are ready to help with any question. Credentials confirmed by a Fortune 500 verification firm.
  • Get a Professional Answer
    Via email, text message, or notification as you wait on our site.
    Ask follow up questions if you need to.
  • 100% Satisfaction Guarantee
    Rate the answer you receive.
Ask Law Educator, Esq. Your Own Question
Law Educator, Esq.
Law Educator, Esq., Lawyer
Category: Criminal Law
Satisfied Customers: 116711
Experience:  Attorney with over 20 years law enforcement, prosecution, civil rights and defense experience
Type Your Criminal Law Question Here...
Law Educator, Esq. is online now
A new question is answered every 9 seconds

Our nephew (age 17) has been falsely accused of molesting ...

This answer was rated:

Our nephew (age 17) has been falsely accused of molesting his cousin (female 14). It comes shortly after he and his parents recently settled a rape charge (the kit was negative and text messages from the girlfriend showed a frame-up) against him. We believe the cousin is fabricating a situation so that she can avoid moving out of her house while her mother is in the hospital; the time she refers to is 2.5 years ago. Her story is simply not credible and we think that she got the idea because of the charge against the nephew. We want to know if there is something proactive we can do to protect the nephew should the accusation go public. We already know that the cousin''s mother and sister believe the accusation is false, but that could easily turn. What steps can we take to prove the cousin wrong and protect the nephew?
Unfortunately, most of these types of cases come down to the credibility of the parties involved. First, you should have an attorney representing your son and none of you should be talking to the authorities without an attorney present. Second, you should gather all of the evidence from that time frame that could go to prove your son's innocence, if any exists. If no evidence exists, as I previously mentioned, the case will come down to whether or not the DA and/or the court believes your nephew or his cousin.

The court does not have to let in evidence of the prior incident if it does not believe it is relevant to the current situation, but the DA may consider the prior incident in reaching his decision.

If you found my answer helpful, please click on the GREEN ACCEPT button. Your question will not close, and you will still have the opportunity to follow-up if needed. Leaving a bonus and positive feedback is not required, but doing so is certainly appreciated!
Law Educator, Esq. and other Criminal Law Specialists are ready to help you