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Law Educator, Esq.
Law Educator, Esq., Lawyer
Category: Criminal Law
Satisfied Customers: 118128
Experience:  Attorney with over 20 years law enforcement, prosecution, civil rights and defense experience
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My daughter left her 2 year old son with a friend who had

Customer Question

My daughter left her 2 year old son with a friend who had just had him a birthday party she asked the friend if he could watch her child so she could load up the car as the party was over within a few minutes she returned and the child was gone her friend was still on the couch she asked where her 2 year old son was immediately the friend ran to his pool during some time while my daughter and her son were away feeding animals with her child's uncle her friend noticed glass in the pool he cleaned it and put a tarp on it the pool cannot be seen from the house the pool ladder was still down and a red ball was on top of the tarp the 2 year old was found underneath the tarp and could not be revised the autopsy reports he had been in the water only a few minutes the hospital took my daughter's blood and it proved she was not under the influence of any drug or alcohol system the scene a sheriff kept pushing her to give him a statement a year later (last week) she was arrested by the same sheriff who took her statement she just read this statement for the first time and it has serious false information in it the friend and owner of the pool has never been bothered or charged with anything How does my daughter object to the false report?
Submitted: 2 years ago.
Category: Criminal Law
Expert:  Law Educator, Esq. replied 2 years ago.

Thank you for your question. I look forward to working with you to provide you the information you are seeking for educational purposes only.

Why wasn't the person who she asked to watch the child charged would be the big question I see here. if the statement she gave to the sheriff was inaccurate, she is going to have to get her attorney to get her to testify in court to what the correct statement is. Then the attorney is going to have to put the officer on the stand to try to impeach his testimony about what he put in the report based on her statement as he claims and then based on her testimony. This is going to require a very experienced criminal defense attorney, because putting a defendant on the stand is a very risky maneuver, but generally that is the only way to correct any inaccuracies in her statement, unless there are witnesses to her statement that could be put on the stand as witnesses to testify that what the sheriff wrote down that she said is not accurate and refute the statement in that manner.