This is the perfect example of the benefits getting a lawyer prior to being charged with a crime. Our client is the mother of 4 children going through a nasty custody dispute with her ex-husband. The family court matter had become very difficult for her to deal with. The client’s ex-husband was impossible to deal with and he wanted sole custody of these kids.
Then one day, her life changed: A police officer had called her and wanted to speak with her regarding an allegation of assault, against her own children. The client was referred to our office from a lawyer in Minnesota. She made a decision to hire our firm to deal with the case before it ever got charged, and that turned out to be a fantastic decision. Sexual assault of children is, other than homicide, widely considered the most serious offense a person can commit.
First, the interview scheduled with the officer was cancelled. That, in our firm’s opinion, should never happen. No one should ever speak to the police without first consulting a lawyer.
Next, we were able to obtain a large portion of the interviews and records from the on-going family court matter. That information turned out to be the thing that saved the client. We were able to put together information which we presented to the District Attorney’s office before the police got all the reports to them.
This information was coupled with our arguments as to why the case should never be charged and why there would be no possible way for the government to prove the case if it was charged. The case went on for many months with no word from the prosecutor.
Finally, after many months of back and forth, the prosecutor contacted us and informed us the information we provided was useful in making a decision on the case. The case was ultimately declined. No better news is possible in criminal law. No information on CCAP, no hiring a lawyer for trial and no bar to having contact with the children while the case is pending.
It was an amazing result for the client and shows how getting a lawyer ahead of time can really make a difference.