Typically, the court is not going to put any type of a ban on you being able to have contact with your own children unless your children were the victims in the case.
This is definitely something that you want to take up with your attorney before you enter a plea in a sex crime case because if you're going to have to register as a sex offender, that is going to dictate what the ramifications are going to be.
You may even want to ask the judge about the issue so that if anything happens in the future, you're covered because you asked about it and you abided by whatever was indicated.
If you do have to register and they try to put restrictions on you that are not called for, you can get your attorney involved. Within the next year or two, there's going to be a new three-tier system related to sex registration. If there's anything that you don't totally understand, you're going to want to talk to an attorney who has experience in this area of the law.
What Happens to My Parental Rights If Accused Of Child Molestation?
The more serious the allegations are, the more likely that there will be some court intervention related to your parental rights. Once you get into criminal court, there is a lag time there before the judge will decide anything about you and your case.
During that time, a judge can put a protective order in place to keep you away from any possible victim and that can include your kids. Another thing that happens in a lot of these cases is Child Services becomes involved and they will tell one party that they are not allowed to see their children while the case is pending. The dependency court could become involved and the child can be taken away from the home.
In very serious cases, the system is afraid that the children are in danger, so they put them in front of a judge. They give them their own attorney; the parents each have their own attorney, and the judge will decide what happens to the children.
Child molestation is very serious and when they block parents from seeing their children, they're really just trying to operate in the best interests of the children.
Should I Speak To Witnesses In My Child Molestation Case?
If you're being investigated for a sex crime, you want to hire an attorney right away and give the attorney all the information. Let the attorney decide what to do with witnesses who might be beneficial to you.
For example, the attorney could have an investigator go take a statement from these witnesses, write up the statement, and give that to the police. The attorney could call the police on your behalf to let them know that there are witnesses to be interviewed, and what the witnesses have to say.
On your own, you may do or say something that actually hurts your case or incriminates you. Let the attorney make the strategic moves related to a molestation case because so much is on the line.
Sometimes, a witness may seem to be helpful to you but there also maybe some things that the witness might say that could be harmful to you. The biggest issue is deciding what the best way is to get information from a witness documented and preserved, so it can either be used to convince the prosecutors not to file charges against you or used in a jury trial to defend you.
It could be used to show that you're innocent or simply to mitigate the charges against you, so you get a lesser offense than what you're charged with.
These are complicated questions and they're best dealt with by an attorney who has handled these types of cases before, knows what it takes to win them, and knows what it takes to use witnesses properly. An experienced attorney knows how to deal with law enforcement and prosecutors, who are going to have an eye towards convicting you.
Evidence to Defend Against Child Molestation Charges
Proving that the alleged victim was giving bad information about you can be a defense, especially if the alleged victim has accused someone else of molestation in the past. Whether that individual has the tendency to lie or exaggerate facts would certainly be relevant.
If that individual has an axe to grind against you or is being manipulated by someone else should be explored. Sometimes, children can be manipulated by parents who are attempting to gain an advantage in a divorce or any other situation.
You want to look at the facts and circumstances surrounding the case and get that information to your attorney. A lot of times, jurors are wondering why someone would accuse someone of this type of crime if it wasn't true.
That is the biggest thing that you have to fight against in a sex crime, so you should deal with it right from the beginning and start to think of reasons why someone would do whatever it is they're doing.
It will start to shape a defense in a case or tell you that you don't have a defense in the case. If it is the latter, you need to do something other than continue to insist that you're innocent because if you do that and you lose at trial, you'll get a much worse punishment.
What if My Profession Includes Interaction With Children?
There is case law out there that says that if you're charged with a crime and your case ends up getting dismissed, you might have a right to seal and destroy your arrest record. The key is going to be that you're able to show that the prosecutors can no longer prosecute you for that particular crime because if they can still prosecute you for it, judges are not going to be willing to seal and destroy the arrest record.
Another thing you have to look at is whether or not you can prove that you are factually innocent of the crime. If you can show you're factually innocent, then you've always got a strong argument to be able to seal and destroy your arrest record. It's a very high and difficult standard to meet.
In a lot of scenarios, you're going to have to show that your arrest and prosecution was a complete mistake. Mistaken identity would be an example of an area that would be ripe in order to be able to convince a judge to find you factually innocent.
This is definitely something you want to talk to your attorney about. Depending on what you were charged with, your attorney is going to have to do some research to figure out exactly what motion needs to be filed to try and get your arrest records sealed and destroyed.
Should I Ever Talk To My Accuser In A Child Molestation Case?
You obviously don't want to disobey a court order that's in place, like a restraining order telling you to stay away from the accuser, their family, or the parents. You want to be very careful about this because sometimes, if you try to go to them and convince them that you didn't do anything wrong, it is viewed as intimidation and additional charges can be filed against you.
Intimidating a witness is a very serious charge. There is a $100,000 bail that attaches to it, so you'd have a very hard time getting back out of custody.
Before you would approach anyone who is alleged victim in a child molestation case or their family, you want to be talking to an attorney, who will help you decide exactly how to handle the situation. You definitely wouldn't want to do anything that would violate a court order and subject you to further punishment or prosecution, or solidify the charges that are currently pending against you.