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Ely, Counselor at Law
Category: Criminal Law
Satisfied Customers: 102601
Experience:  Private practice with focus on family, criminal, PI, consumer protection, and business consultation.
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In the state of Iowa my husband was accused of Abuse which

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In the state of Iowa my husband was accused of Sexual Abuse which is a class c felony. He has witnesses but they were not questioned. Can they only take the victims word without probable cause.
JA: What state is this in? And can you tell me a little more about the charge?
Customer: Iowa, my husband was charged with sexual abuse of a 15 yr old male.
JA: Have you talked to a lawyer yet?
Customer: Still trying to galk to the public defender but I'm trying to debate if we should try to get a private atty
JA: Anything else you want the lawyer to know before I connect you?
Customer: Cost my income is not a lot because we are back to a 1 pdrson income since he is incarcerated

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I am sorry to hear about this situation. The answer is yes, they can do this. This is how the process works:

1) a police complaint is filed;
2) the police investigate by questioning the parties involved and reviewing the evidence;
3) they pass on the information to the District Attorney;
4) the D.A. makes a decision whether to charge or not.

Even if the police did not interview the witnesses, the D.A. can still bring charges. They only need "prima facie" evidence (possible guilt at first glance). That is the standard here.

His defense attorney can definitely use the witnesses in defense, but the D.A. can still bring charges.

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Customer: replied 1 month ago.
Ok, should I wait for the public defender or try to help my husband get a crimnal attorney that are familiar with these type of cases.

I would try to get a criminal attorney NOW if you could. The sooner the better. Public defenders are good attorneys, but they are often overworked and underpaid. I'd go for a private attorney if you can afford it. Many attorneys will work on a payment plan.

Kind Reminder: Please, use SEND button to keep chatting, or please rate positively and click SEND to submit your rating once satisfied. You may always ask follow ups at no charge before or after rating. "I STRIVE FOR FIVE!"

Customer: replied 1 month ago.
Ok thank you for the advice.
Customer: replied 1 month ago.

You are very welcome. Good luck, and please don't forget to actually RATE my answer with five stars and then click SEND to submit that rating – it is the only way I get credit for my time with you – or, please use the SEND button to keep on chatting. "I strive for FIVE!"

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