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Dwayne B.
Dwayne B., Lawyer
Category: Criminal Law
Satisfied Customers: 33404
Experience:  Numerous criminal trials ranging from traffic to murder, practicing Criminal Law for 20+ years.
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Last year February 2012, my fiance was falsely accused of

Customer Question

Last year February 2012, my fiance was falsely accused of child molestation while trying to get custody of his kids. He has 3 kids (2 middle school boys and a 7 year old girl) with the mother.He was arrested and charged with child molestation. The mother said the incident happen 3 months prior. While waiting to appear for court, the mother kept contacting him by visiting or phone calls even though they was told to have no contact. Even the baby that she accused him of molesting him kept calling for her dad. She was reported to the investigator. It took them about 3 months to have the case brought to grand jury and my fiance charges was dropped against him. After that he was allowed to be with his kids. I asked the child why did she lied and she said her mom told her to do it or she will get a spanking.
It havent been 5 months later the mother called and wanted him to keep the kids one night. He had to go to work the next morning and didnt plan to keep the kids that night (he never does if he has to go to work that morning), but he got them anyway. We picked up the kids and they spent the night with us. The next day, we planned to go to the Xmas parade in our town and wanted to take the kids. I picked up his daughter and his oldest son because the middle son wasn't ready to go. After the parade we took the kids home. After that, we got word that the mother said that after the parade he molested the child again then brought her home. How can he molest a child in front of all of us??? The child went to school telling the school what happen and of course they took action. He wanted to talk to the investigators to clear his name and volunteered to take a lie detector test and passed it. Me and his son told the investigators he didnt do it because we was with him. A few weeks later, his oldest son walked to our house and said that the child had mentioned that she was told by her mother friend/relative to lie about being molested. The son even told the investigator she was coached to say that lie. The investigator questioned the mother friend/relative and of course she denied it and sent her back home. A few weeks later, the police came and arrested my fiance. He is in jail now and charged again with child molestation and was denied bond because this was his second time for the same charge. The son came to my house yesterday to see his dad and i told him his dad is in jail. He said the child keep saying the dad didnt do it and she was told to lie on him. Why is a innocent man in jail while the child keep confessing it was untrue?? What can be done?
Submitted: 4 years ago.
Category: Criminal Law
Expert:  Dwayne B. replied 4 years ago.
The first question you're asking seems to be rhetorical. Is there a specific question I can assist you with? Does he have an attorney yet?
Customer: replied 4 years ago.

He doesn't have an attorney. What i'm asking is can something be done if the child is confessing that he didnt do it because he is sitting in jail on a lie.

Expert:  Dwayne B. replied 4 years ago.
If they have arrested him then it is past the point where it can be headed off by pointing out that the child has lied now and in the past. He has to get an attorney and save that for a trial. The days when someone could get one of these cases resolved by a good plea bargain are long gone. Now any type of plea bargain will include sex offender registration, restricted or no visitation, a felony record, etc.
The case might have been able to be stopped if he had hired an attorney when he was accused initially or even before this arrest, but once an arrest has occurred the DA is extremely unlikely to back off because of the political repercussions.
Polygraph tests are not admissible in court and so most of the evidence that he will be able to use will be contaminated by the police or "child therapist" interviewers. The lawyer will have to begin gathering the evidence and getting it ready to go to trial.
If he cannot afford a lawyer then the court will appoint one but if he has the means then he should definitely look around for a lawyer that has fought and beaten these kind of cases before. Unfortunately, it is almost certainly going to take a trial to do so.
Please ask any follow up questions in this thread. When all of your questions have been answered, then I would ask that you give a Positive Rating since that is the only way I get credit for my work. However, please do not issue a rating of any kind until all of your questions have been answered and please use the Reply button to ask additional questions or to provide answers to my questions.
Customer: replied 4 years ago.

Even if the investigators was told that the child said he didn't do it before he was arrested?

Expert:  Dwayne B. replied 4 years ago.
the statements I made are even more true if the investigators were told the child had lied and yet still arrested him. I have handled a lot of these type of cases and they follow a set pattern.
Customer: replied 4 years ago.

There is no physical evidence against him. He has witnesses that was around him at the time they said it had happen. He has court on January 14 2013...what's going to happen?

Expert:  Dwayne B. replied 4 years ago.
There is rarely any physical evidence. It is almost always the testimony of a child as given and recounted by police officers and child therapists working for the state.
In the January docket he will be asked to formally enter a plea and then a trial date will be scheduled. If he hasn't hired a lawyer the judge will likely discuss the issue of hiring vs. a court appointed attorney. Even though a trial date will be given most cases don't go to trial on the first setting. However, it is important that he get a lawyer so they can start discovery and begin preparing the case ASAP.
Customer: replied 4 years ago.

So when he go to court on January 14, he is allowed to be able to get out on a bond?

Expert:  Dwayne B. replied 4 years ago.
They will likely set a bond if they haven't already. Occasionally it takes a specific motion to get a bond set, but that is unusual.
Customer: replied 4 years ago.

Can i contact a public defender to go see and him and bond him out?

Expert:  Dwayne B. replied 4 years ago.
You can, but most of the time a PD won't agree to see them unless the judge appoints them and, in addition, if you bond him out ahead of time some judges won't agree to give him a PD.
Customer: replied 4 years ago.

The judge did said he can have a pd or a lawyer to bond him out.

Expert:  Dwayne B. replied 4 years ago.
You can certainly contact the PD and see if they will agree to go and see him and get started. You will want to talk to the PD about the bond. If one hasn't been set then the PD can get it set, if it has been set then the PD may be able to get it lowered.
Expert:  Dwayne B. replied 4 years ago.
Why did you give a negative rating? My information was both truthful and correct.

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