Do you think you have may have been accused
of some form of physical or sexual abuse?
Here's how to protect yourself:
1. Get good quality information--NOW!
Read the material specifically written for you on our websites.
2.Retain an attorney with expertise in the area of false accusations--NOW!
The average local lawyer who has handled just one or two false accusation cases is not an expert. The average lawyer handles one of these cases just like any other criminal defense. Not only is that wrong, it often amounts to malpractice. Because a false accusations case is so treacherous, you owe it to yourself and your loved ones to find a real expert in this very difficult area of the law.
Now is not the time to pinch pennies. If you think you can get by with an inexpensive lawyer, or that the legal system operates on fairness and truth, or that you can hold some funds back for a rainy day or an appeal, think again. For some time now, your community has been sending “law and order” and “tough on crime” types to your state legislature. These people have been working overtime to erode your constitutional rights. Recent court ruling have held that it’s permissible for the police to lie to you and trick you. Be assured that they will. Moreover, the courts can now withhold vital evidence from juries. Be assured that this will happen, too. With the deck stacked so obviously against you, your only option is to get real help right now.
3.Write a your lawyer a detailed chronology
The format is simple.It consists of a three-part chronology that will aid the attorney in planning your case.Here’s how to do it:
In the left-hand margin, type the date of the event you wish to describe;
Tab over and type the who, what, when, where, and how of the significant event you are describing;
Tab over to the right margin and describe any document, photo, video, audio, or witness you can use to prove what you have described in themiddle section.
If possible, use a word processor to write this chronology, and save it to a disk for your attorney.
Developing a chronology in this fashion will cut hours and hours off your legal bill. It is imperative to your life and to your family to include every thing that has ever taken place regarding any allegation of abuse (e.g. who interviewed whom, when, where, etc.) Don’t skimp! A competent attorney will scan through this chronology and separate the wheat from the chaff, finding the elements needed to save you and your family. Your job is to get it all down and not leave any thing out.Because this information will be on disk and written specifically for your attorney, it should be covered by attorney-client privilege.
4.Make a witness list for your lawyer.
Make a list of both the good guys and the bad guys. Include names, addresses, telephone numbers, dates of birth, employers’ address, and any other pertinent information you can think of. Be sure to describe your relationship to each of these individuals. Also try to describe what each would say if he or she ever took the witness stand or talked to the police or Child Protective Services. Be careful not to leave anyone out. And be sure to label this information as being for your lawyer in order to maintain attorney-client privilege.
5.Get copies of everything
Has anything happened yet? Get copies.Any Social Service reports? Get copies.Any Police reports?Get copies.Any psychologist/psychiatrist/social worker reports? Get copies. Any school reports?Get copies. Has someone interviewed your child?Get copies of the notes, audio, video, or report.Have there been any tests?Get copies.How about pictures? Get copies.Any newspaper articles?Get copies.Has anything happened in court?Get copies.
6.Make sure your lawyer is on the case
Information is power.Remember that serious television journalism programs such CBS’s 48 Hours, Dateline NBC, ABC’s 20-20, and PBS’s Front Line have all indicated that social services and police personnel will do everything possible to put a negative spin on anything you or others involved in your case might say. Not only that, but they’ll also steal your children and put you in prison. And if and when DNA evidence proves that you didn’t do anything, Social Services and the prosecutor’s office will fight to make sure that evidence never sees the light of day.
So get serious.Get the information you need now. Are you going to be charged?If so, with what?Do you know what you are going to be charged with?File a motion for disclosure of information.Does Social Services have your kids?Try a motion for writ of habeas corpus.Are the police sneaking around in your backyard?Hire your own investigator.Are the cops suggesting a lie detector test? Have your attorney set up a private one. Make sure your lawyer is busy.Make sure your rights are being vigorously protected
7.Get affirmative in the courts
Don’t wait for the other side (Child Protective Services or the police) to do something so that you and your lawyer can respond.Learn what your rights are and ask the court that has jurisdiction to help you protect those rights.When you ask a court with jurisdiction for something, you “file a motion.” Here are some motions you should be filing:
Motion for Bill of Particulars
This motion will force the state to explain what it thinks is going on and what it wants to charge you with.
Motion for Production of Police Reports
This will force the police agencies to produce reports about activities.
Motion for Names and Addresses of Interviewed and Proposed Witnesses
You need to know who CPS or the police have contacted so that your lawyer and investigators can talk to them, too.
Motion to Inspect Statements of Witnesses
You need to find out what the witnesses have said. Or what the cops and the child protectors think they have said.
Motion to Inspect Tangible Evidence
You have a right to see any tangible evidence that anyone intends to use in your case.Get it.Have your experts review it.
Motion to Stop Treatment of The Child
Usually, the child protection people will hire a “therapist” to “help” the children involved.Most often, these are low-rent mental health types, like social workers, with little or no training in science.Most often, these people don’t even know what they’re ignorant of. They end up plowing around in a child’s memory and actually create evidence against you. You must stop them, and you must do it right away.
Motion for Production of Exculpatory Evidence
This is the “you-didn’t-do-it” evidence that some how gets lost and neglected by Social Services or the police.You’ve got to get it before they “misplace” it
Motion for Criminal Records
You’ve got to find out if any of the people the police or child protection system are relying on have any crimes in their past.This is particularly important if the crimes involved dishonesty.
Motion for Taint Hearing
If your attorney doesn’t know what this is, fire him.In New Jersey v. Margaret Kelly Michaels, 136 N.J. 299, 642 A.2d 1372, 1377 (1994), the Appellate and Supreme Court of New Jersey reviewed the video tapes in the Wee Care Daycare case and determined that the child protectors had so completely manipulated the children’s recollection of events that the children’s memories were forever tainted.
Motion to Suppress Hearsay Testimony of Therapist
Remember the “therapist” you wanted to get rid of earlier with the Motion to Stop Treatment of the Child?The police or child protection people will want him or her to appear in court to testify about what the children supposedly told them.And you can bet they know nothing whatsoever about Idaho v. Wright, 497 U.S. 805, 110 S.Ct. 3139 (1990).
Motion for Independent Evaluation
An independent, disinterested evaluator has to see the alleged victims. But first, you’ve got to make sure the evaluator knows what he or she is doing. File the motion, ask for an independent evaluator, and make sure your attorney has several candidates who are capable of conducting a valid and reliable scientific evaluation.