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P. Simmons
P. Simmons, Lawyer
Category: Criminal Law
Satisfied Customers: 34941
Experience:  16 yrs. of experience including criminal law.
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I have 14 year old mentally handycapped grandaughter. Is ...

Resolved Question:

I have 14 year old mentally handycapped grandaughter. Is there a law that will protect her from from having to appear in court to answer questions or having her name drug through the mud?
Submitted: 9 years ago.
Category: Criminal Law
Expert:  P. Simmons replied 9 years ago.
Thanks for the chance to help

Can you tell me please, what are the circumstances that would require her to testify in court?

Who has legal custody of her presently?

Customer: replied 9 years ago.
Her mother has custody. My Granddaughtered is always supervised. She has been accused of impropert touching a 3 year old and has no idea if you ask, what that means or able to communicated. She maybe called to testify on her behalf.
Expert:  P. Simmons replied 9 years ago.
I want to make sure i understand...she is suspected of improper touching a 3 year old and may be called to testify against herself?

Customer: replied 9 years ago.
Yes, it is possible. The touching situation has brought up in court on at least 4 different times. Since there is no truth to this and she cannot defend herself, is there not a statute to protect he handycap? Can criminal charges be filed against the person making the statements?
Expert:  P. Simmons replied 9 years ago.

Under the law, regardless of her age, she CANNOT be required to testify against herself. If the state tries to do this in the future, you need to make sure her legal guardian asserts this right. This comes from the 5th Amendment of our Constitution.

Futher, due to her disability, the court needs to be made aware through her guardian or counsel that she has this disability. If she has made statements in the past it may help to mitigate them (make them less serious or make them go away)

If a person is making false statements, that is a crime in each state and they can be charged

Please let me know if you have questions else please hit the green button, its the only way i get paid

P. Simmons and 4 other Criminal Law Specialists are ready to help you