Legal Question in Criminal Law in Mississippi

On 11/21/07 my then 21 month old daughter Ashlynn pulled a fry daddy down on her at our home.I immediately called 911 and reported the accident.My daughter was then taken to a local hospital and later transfered to a burn center out of state.Well while at this hospital an investigation ensued and I am accused of sexually abusing her by our local police.This has been going on for two years and no charges have been filed by the D A .What should i do?They will not talk to me, and my family is torn because of this.


Asked on 12/02/09, 11:57 pm

1 Answer from Attorneys

Wayne Woodall Wayne Woodall Attorney

You need to contact a competent criminal defense attorney who enjoys a "Good" reputation in the community for being tough in Court and representing his/her clients with zeal. That Attorney probably will contact the office of the prosecution and try to have the charges dismissed due to the unreasonable delay in investigating and pursuing the charges. You need to assert your "speedy trial rights" affirmatively (in Mississippi at least) or you may be deemed to have waived them and/or you may lose the right to object to any further delays. This is particularly true if the delay has resulted in the loss of evidence, loss of possible exculpatory evidence or an exculpatory witness (moved, etc.) or other diminished ability to defend the charges due to the passage of time since the date of the alleged incident. There should be no correlation between the injury by hot grease and the implementation of sexual abuse charges. I suspect someone in the hospital examined the child and determined that the child had been fondled and then there would have been an "Assumption" that you did it as compared to a number of other possible persons would COULD have done it, IF there was ever any improper contact in the first place. It is suggested that you act at once without any further delay.

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Answered on 12/10/09, 6:03 pm


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