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Law Educator, Esq.
Law Educator, Esq., Attorney
Category: Legal
Satisfied Customers: 117370
Experience:  JA Mentor -Attorney Labor/employment, corporate, sports law, admiralty/maritime and civil rights law
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I am being accused of innaproporiately touching my girl friends

Customer Question

I am being accused of innaproporiately touching my girl friends 3 yr old son by her ex boyfriend and feel I am being set up for the fall between the two parents as he wants custody for monatary reasons. He does not work and he has a history of filing false charges against babysitter; he has abused the mom in past where police were called and took report. He has friends on the police department. He has been with prostitutes in the past while son was in his care. He locked the bedroom door leaving the unattended child by himself. There is a video tape of this action where there is talk of drugs also. I need to know where I should turn next. It seems I cannot trust the Police since he has connections there. Both myself and my girlfriend gave reports to Detective separately and he said their stories matched. Her son has mentioned over and over to her, her mom and other family members that he likes me. He also has his son now and wont give back and we are very concerned that he is brainwashing and corrupting this child. I don't know where to turn now and who I can trust. I am hoping that you can give me some answers.
Submitted: 4 years ago.
Category: Legal
Expert:  Law Educator, Esq. replied 4 years ago.
Thank you for your question. I look forward to working with you to provide you the information you are seeking.

All of the issues of domestic abuse and drug use and prostitution are for the mother to raise in defending her right to custody and grounds for the court to not award him custody, but I am afraid they are not much help to you when it comes to defending yourself against these very serious allegations.

At this point, because of the seriousness of the charges YOU SHOULD MAKE NO FURTHER STATEMENTS TO ANYONE, you must have an attorney and you have the right to an attorney under the Sixth Amendment. While I know you say you are innocent, many innocent people get themselves into more problems by waiving their 5th amendment right to not make any statement and by not invoking their right to counsel and you should do so.

The problem with these cases is just as you stated, with a 3 year old it is so easy to brainwash them and if there is no evidence all the police have to go on is statements of parties and while many of these similar type allegations without physical evidence do not result in convictions, so many of them do end up in an arrest and you having to go to court to defend yourself to get out of it and any statements you make, even though you believe they are exonerating statements, can be twisted around against you and that is why you must have a local criminal defense attorney to protect you.

Your girlfriend also needs to get herself a family law attorney to continue to fight to get the custody back based on her ex's behavior and violent past acts which are, as I said, all grounds for the court to refuse to give him custody.

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