Wednesday, February 10, 2010

Help for false accusation of domestic disoderly conduct?

I'm trying to help a friend deal with a very scary and frustrating situation.


My friend lives with me and my husband and he has a three year old little girl with his ex girlfriend. Normally they exchange the little girl in public, but last Friday she said she was too sick to drive and asked that he pick the little girl up from her apartment. He did so, that being the first and only time he'd been to her apartment. He was there for about a half an hour and then left. Five hours later he was arrested and charged with domestic disorderly conduct. He did not do it, but it is going to be very hard to prove that in court. It's all he said, she said at this point. She has no physical proof that he touched her, just her own story. She claims he tried to force himself on her several times. Is there anything we can do to help him out?Help for false accusation of domestic disoderly conduct?
Your friend needs an attorney now.





The son of one of my colleageus found himself in similar circumstances several years ago.





This very difficult to defend against.





My colleague's son was very fortunate, we were able to get him a Criminal Defense Attorney who was a former Deputy District Attorney, essentially a former prosecutor.





The result of the Defense Attoreny's action is that the son's ex wife admitted that her accusation was not true my colleague's son had the charges against him dismissed.





I know that it sounds counterintuitive to hire a former prosecutor as a criminal defense attorney.





However in the case where one is falsely charged with a crime that is often the kind of case that a former prosecutor wants and is very good at defending.





A former prosecutor does know about the cases where people have been falsely charged with crimes and I think they are better at defending those cases than a regular criminal defense attorney.





Although a former prosecutor is not a good defense attorney for someone who actually committed a crime, I would say that based on what this former prosecutor did for my colleague's son, they are very good for people who have been falsely accused of a crime.





Unfortunately in Divorce Cases it almost seems to be routine that the ex wife makes a criminal complaint against the ex husband for spousal abuse or something like this disorderly conduct charge.





Large numbers of men who are good solid citizens are being falsely charged with crimes that they did not commit.





Based on my observation, former prosecutors are very good at defending those cases.Help for false accusation of domestic disoderly conduct?
First, if he was there for a half hour to do a 1 minute task, how do you know that he did not do as she states? The key is you don't. The police do not make arrests unless there is some corroborating evidence. Apparently they found some.





Second, he should have taken someone with him. Anytime you are meeting someone that you have an adversarial relationship with, you should have witnesses. I assume they do the exchange in a public place because they want witnesses.





Third, he is innocent until proven guilty. There is no way anyone that is this unfamiliar with the case can advise him on exact tactics. This is why it is very important for him to get a lawyer now.
Get a lawyer. This is one incident where the accused is looked at being guilty regardless if the case hasn't went to court yet. Have him stay away from her. There is a automatic restraining order on him or anyone else accused of domestic violence.





You can thank the Clintons for these messed up laws. It is good to protect women in any case, but now the law doesn't even listen to the other side of the story.





Guilty before proven Guilty.
Some corroborating evidence? Cops don't need corroborating evidence, only the sworn testimony of an alleged victim. Otherwise the advice here is good. Also, the truth is that he was there an awful long time to just pick up a child. Of course that could have been her plan the whole time, just like it was in my case.





What he has to do is get an attorney and stay the heck away from her in all instances, except for when he picks up his daughter with at least one witness, preferably as neutral as possible.
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