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Three Rules in Child Abuse Allegations

3 Rules For Those Falsely Accused of Child Sexual Abuse

Rule No. 1

Nothing an accused or alleged victim can say or do will convince a Child Protective Services, the Child Advocacy Prosecutor, the Child Advocacy Center Caseworker, the Family Advocacy Prosecutor, the Family Advocacy Center Caseworker, the police Detective, or the Victim’s Advocate) that the abuse did not occur. Nothing.

Rule No. 2

Talking to Child Protective Services or the Police Investigator, or Anyone Without an Attorney Present is the Single Worst Thing a Wrongfully Accused Person Can do.

Rule No. 3

In most cases an experienced attorney will not allow you to talk to Child Protective Services or the police or give a statement. The attorney knows whatever you say will be used against you.

The violation of the above three rules by those falsely accused is commonplace. An innocent person believes sanity will intervene at some point, and decides to cooperate fully with the police and Child Protective Services. The accused gives written statements and videotaped statements to CPS and the police. In addition, the accused talks on the phone to detectives and caseworkers. They talk in the investigators offices without knowing whether they are being recorded. They often talk themselves into a corner that is extremely difficult to emerge from.

Unfortunately, Child Protective Services and the police are not interested in conducting a fair and thorough investigation. The accused who walks mans health into the child advocacy center without an experienced attorney to “tell their side of things” or “clear this all up” is doing exactly what the authorities want. The investigators know what they are doing. At this meeting they will obtain real or implied admissions and circumstances presenting opportunity for abuse coming from the accused’s own mouth.

The Child Protective Service investigator will start off by asking questions that appear to be innocuous but are intentional “set up” questions. The investigator may ask an alleged perpetrator if they have ever given their child a bath or changed a diaper. The accused will answer “Yes” as that is a normal parental function. Then the investigator will move on. The next questions will focus on other instances in which the alleged perpetrator has touched the genital areas of the child.

Arm Yourself

A knowledgeable attorney can provide the accused with an appearance of cooperation with authorities without providing evidence against yourself. The investigators cannot twist your words and dictate their interpretation of what you said if you have not talked to them. An  attorney can assist you in making the decision of whether to meet with child protective services or the police. In most situations, the attorney knows that the arrest and charge decision has already been made and that a meeting will not change the forthcoming prosecution.


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___________________________
H. Michael Steinberg Esq.
Attorney and Counselor at Law
The Colorado Criminal Defense Law Firm of H. Michael Steinberg
A Denver, Colorado Lawyer Focused Exclusively On
Colorado Criminal Law For Over 30 Years.
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