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My husband is in jail for chil molestation and he didn't do…

Customer Question
My husband is in...

My husband is in jail for chil molestation and he didn't do it

Lawyer's Assistant: What state are you in? It matters because laws vary by location.

Georgia

Lawyer's Assistant: Has anything been filed or reported?

No

Submitted: 11 months ago.Category: Legal
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Answered in 1 minute by:
7/29/2017
Lawyer: Zoey, JD, Attorney replied 11 months ago
Zoey, JD
Zoey, JD, Attorney
Category: Legal
Satisfied Customers: 31,421
Experience: Active member of the NYS bar since 1989
Verified

Hi,

I'm Zoey.

I've reviewed your post. Please be patient as I may need to research for you, and it also takes time to compose and type a reply.

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Lawyer: Zoey, JD, Attorney replied 11 months ago

You need to provide additional details. For example, is his case still open? Or has he been convicted and sentenced?

Also, what's your question?

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Customer reply replied 11 months ago
No
Customer reply replied 11 months ago
No I need to get him out
Customer reply replied 11 months ago
Can you help us our daughter can't see him or talk to him
Lawyer: Zoey, JD, Attorney replied 11 months ago

Please give enough details so that I understand what's holding him in jail. Is he fighting his case? Or has he been convicted?

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Customer reply replied 11 months ago
He's fighting it it's been a two year investigation but the neighbor girl blame it on him and he did not touch her because I seen it she put his hand on her
Lawyer: Zoey, JD, Attorney replied 11 months ago

Thank you. If he's been fighting the case for two years now, you need to talk to his lawyer and find out why the case hasn't gone forward to trial yet. If it's the state that's been delaying, he may be able to get released or at least get his bond lowered on speedy trial grounds.

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Customer reply replied 11 months ago
He just went to jail they had a warrant out for him he got arrested on July 19 2017
Lawyer: Zoey, JD, Attorney replied 11 months ago

Sorry. I thought he'd been fighting it for two years. Sorry I misunderstood.

He will come before the judge and be arraigned. If he can't afford a lawyer, he'll be appointed a public defender who can make a bail application. Then you should be able to bond him out so that he can fight the case and challenge the evidence.

When he gets his lawyer, you can tell his lawyer what you saw. But the state is entitled to try to prove its case and it's very unlikely to be dismissed.

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Customer reply replied 11 months ago
Will he be able to see our daughter when he gets out
Lawyer: Zoey, JD, Attorney replied 11 months ago

I can't say that for sure. Sometimes the terms of the release of a defendant charged with sex offenses exclude him from the home and his own minor children. Other times they don't. It depends on the facts and circumstances of the charge that he's facing and his criminal history.

It's up to the DA/judge/probation/parole to set conditions, in their discretion, if they feel the children in the household are at risk. He can be barred from seeing his children but it doesn't have to happen at all if there's no reason for the state to think they are at risk.

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Lawyer: Zoey, JD, Attorney replied 11 months ago

Just checking in to see if you need more help or any clarification of my answer. If so, please reply here on this question thread.

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