Legal Question in Criminal Law in Florida

9/29/2012 marks eight weeks from when my brother's ex wife called my mom and said their granddaughter is not allowed to come to their house anymore cause there is a report by my brother that I did some type of Child Abuse to her. My brother lives in Florida and I live In Nevada. I have not been to Florida in 8 years. Two years ago while my brother was trying to gain full custody of this daughter from his ex wife he had his daughter claim child abuse on her own mother's boyfriend. It seem that was to help him gain custody and have his ex pay him monthly child support. I must mention my brother drinks and does drugs. During this custody battle about two years ago he failed a few of the court ordered tests for drinking and drugs. The court doctor who talked to his daughter stated that she flip flopped back and forth on her child abuse story about her mother's boyfriend. The court appointed guardian also stated it seemed she was a very manipulative child in order to get her own way. My parents and I are shocked he would claim such a thing about me his own brother. My brother bought a house in Georgia it I feel they needed to remove the possibility of his daughter having to stay at our parents home should the mother not allow her or give permission to move to Georgia with her father. So in other words just like how the got her mothers home out of the possibility of a place to stay now they need to do the same with the grandparents home. My mom had called her granddaughter and ask why she would say such a thing and she started crying saying they are making me say it then someone hung up the phone. I tried calling my brother and texting him and no reply. I later received a text message from his phone on Aug.5 , 2012 saying "this can all go away for a lot of money". A detective called my mom and told her not to speak to her granddaughter about this case. My mom has called his number and left two voicemails but he has never called her back. The alleged child abuse was suppose to have taken place in their home by me. To this date nobody has questioned my parents about anything nor return calls. I spoke to my nieces mother yesterday and she told me her daughter has not spoken to anyone about this including the police. Just my brother made the statement. Her mother also told me that nobody has questioned her or her boyfriend about his child abuse claim and she found that to be very odd. Five weeks ago a detective in Nevada left me a voicemail if I'd come and answer a few questions about a file that came across her desk. I called her back and left a message saying no and never without an attorney. She has never called me back to this day. I faxed the detective in Florida the copies or the custody battle court documents in which I stated above what they contained as I was sure he did not know they accused child abuse only two years ago. I also faxed a copy of the screen shot of the text message of my brother saying this can go away for money. We have contacted six attorneys in Florida that deal with criminal law and when they ask what the case is about they say they don't handle family cases. I say well this is criminal as well. Needless to say myself and parents are very stressed and worried. It's been EIGHT weeks and we have heard nothing. Our concern is if they felt this alleged child abuse was true would they not have acted and tried to arrest me by now? Does the eight weeks and no contact mean they just know there is no case? Thanks so much for your help!


Asked on 9/29/12, 3:41 am

1 Answer from Attorneys

Craig Epifanio Craig Epifanio, P.A.

You have too many complex issues to be answered on this forum. I suggest you set up an appointment with an attorney in your area. Each case is different so they can answer the questions that pertain to your individual situation.

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Answered on 9/29/12, 7:49 am


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