Legal Question in Criminal Law in Colorado

Sexual abuse

My son is being accused of having molest a child that was attending my daycare. The timing is confusing because the child says that this happened while napping in our home when she was in kindergarden but she only attended care in our home when she was 2 1/2 and 3. We have hired an attorney who has recommended that my son not speak to the detective investigating the case without him being present. The detective however has refused to talk to our son in the presence of the attorney. What he is doing now is an investigation and will be sending the information off to the district attorneys office to determine if they think they can prosocute based on the information that they have. There is quite a bit of info that we have that disproves that there was even the opportunity for this to have taken place and that the age that the child is claiming this happened to her she was not in care in our home. So my question is aren't we shooting ourselves in the foot by not disclosing this info to the DA if it will help prove that the child wasn't in our home at that time? Thank you in advance for your information regarding this matter.

Sincerely,

Gailia Deckert


Asked on 11/03/06, 1:09 pm

1 Answer from Attorneys
Jason Savela The Savela Law Firm, PC

Re: Sexual abuse

Trust your attorney, not the Detective or DA. Your attorney is trying to make sure your son does not spend the rest of his life in prison. The Detective sounds like a jerk who does not care about the truth.

On these cases, the biggest mistake you can make is giving your best evidence to the police or DA before you know what they have. Trust your attorney.

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Answered on 11/03/06, 1:43 pm


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