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In the state of Iowa my husband was accused of Abuse which…

In the state of...

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.

Lawyer's Assistant: What state is this in? And can you tell me a little more about the charge?

Iowa, my husband was charged with sexual abuse of a 15 yr old male.

Lawyer's Assistant: Have you talked to a lawyer yet?

Still trying to galk to the public defender but I'm trying to debate if we should try to get a private atty

Lawyer's Assistant: Anything else you want the lawyer to know before I connect you?

Cost my income is not a lot because we are back to a 1 pdrson income since he is incarcerated

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Answered in 3 minutes by:
9/18/2017
Ely
Ely, Counselor at Law
Category: Criminal Law
Satisfied Customers: 103,174
Experience: Private practice with focus on family, criminal, PI, consumer protection, and business consultation.
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Hello and welcome to JustAnswer. Please note: This is general information for educational purposes only and is not legal advice. No specific course of action is proposed herein, and no attorney-client relationship or privilege is formed by speaking to an expert on this site. You may also be offered a phone call, but those don’t come from me and are offered by the website and you are under no obligation to accept.

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.

Please note: If I tell you simply what you wish to hear, this would be unfair to you. I need to be honest with you and sometimes this means providing information that is not optimal. Negative ratings are reserved rudeness or wrong information. Please be kind!

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Customer reply replied 5 months 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!"

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Customer reply replied 5 months ago
Ok thank you for the advice.

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!"

Ely
Ely, Counselor at Law
Category: Criminal Law
Satisfied Customers: 103,174
Experience: Private practice with focus on family, criminal, PI, consumer protection, and business consultation.
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Ely
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DISCLAIMER: Answers from Experts on JustAnswer are not substitutes for the advice of an attorney. JustAnswer is a public forum and questions and responses are not private or confidential or protected by the attorney-client privilege. The Expert above is not your attorney, and the response above is not legal advice. You should not read this response to propose specific action or address specific circumstances, but only to give you a sense of general principles of law that might affect the situation you describe. Application of these general principles to particular circumstances must be done by a lawyer who has spoken with you in confidence, learned all relevant information, and explored various options. Before acting on these general principles, you should hire a lawyer licensed to practice law in the jurisdiction to which your question pertains.

The responses above are from individual Experts, not JustAnswer. The site and services are provided “as is”. To view the verified credential of an Expert, click on the “Verified” symbol in the Expert’s profile. This site is not for emergency questions which should be directed immediately by telephone or in-person to qualified professionals. Please carefully read the Terms of Service (last updated February 8, 2012).

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