Legal Question in Criminal Law in Indiana

what steps to take

my brother-in-law is being accused of child molestation. he says he is willing to do anything to prove he is innocent. although this person has not contacted polie and is just spreading this through the grape- vine so to speak what should he do?


Asked on 2/03/08, 10:31 pm

1 Answer from Attorneys

E. Brian Davis Davis Law Office

Re: what steps to take

He needs to hire an experienced criminal defense lawyer NOW. Depending on the circumstances, a number of things can be done prior to his being formally charged that could persuade the State not to file charges or to file lesser charges.

One example: it could be that the prosecutor would allow a polygraph examination to be considered in making the decision whether to charge him. Some prosecutors will agree to this and, if he passes the polygraph and there is no physical evidence that he committed the crime, the prosecutor MAY drop it. He is NOT required to do so.

You need to know what the prosecution might consider and how to go about it ... and that is why you need an experienced criminal defense lawyer from your geographic area. Personally, I do not allow clients to take a polygraph administered by the authorities until and unless he has passed a polygraph examination done by someone I hire for him. Some people just do not do well on those exams ... and the time to find out is not when he "flunks" a polygraph set up by the prosecutor.

Good luck!

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Answered on 2/03/08, 10:45 pm


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