What do I do if my niece is claiming that I assaulted her? 49 Answers as of November 08, 2011

It was during a family gathering, and my father and I were going to return home because we lived six hours away. My niece who is somewhere between 14 or 15 years old and we’ve seen each other before and have hugged countless times whenever I am going to return home. She reported to the police that I hugged her and touched her inappropriately. I am not really sure of the details that she reported. I hug her as usual and have not done anything other than that, but I must have frightened her because when I found her to ask her for her email address she was in our relatives bedroom and I just went in and somehow closed the door. She wrote me her email address and as usual I hugged her. She walked out after we hugged and I followed after her getting ready to go home. After that when I got back home relatives start calling me saying that she was crying very hard and wasn't happy and I did more than just hug her. They also say that she called the police and reported it too. What will happen in this situation? Will there be arrests on me? What will the charge be?

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Edward  D. Dowling IV Attorney at Law
Edward D. Dowling IV Attorney at Law | Edward D. Dowling IV
You will have to either wait and see if you get charged with any crimes or you can contact the police. If you do get charged you should hire an attorney. Impossible to guess what the exact charges, if any, will be.
Answer Applies to: New York
Replied: 11/8/2011
Law Offices of Kiran Nair
Law Offices of Kiran Nair | Kiran K. Nair
I strongly recommend you consult with an attorney because you could be facing serious criminal charges. More importantly, do not say anything to the police. Exercise your right to be silent because anything you say can and will be used against you no matter what the police tell you.
Answer Applies to: California
Replied: 11/3/2011
Ruiz Law Group, P.C.
Ruiz Law Group, P.C. | Frances Ruiz
You could be charged with endangering the welfare of child or worse some sort of sexual assault charge. Before you speak to the police, retain an attorney.
Answer Applies to: New York
Replied: 11/2/2011
Cynthia Henley, Lawyer
Cynthia Henley, Lawyer | Cynthia Henley
You need to talk to a lawyer immediately. Do not talk to police before meeting with a lawyer. You could be charged with some kind of sexual offense. They will not listen to your side of the story, even if they ask for it. If she says you did something, you can expect to be charged.
Answer Applies to: Texas
Replied: 11/2/2011
Mark Thiessen, Attorney at Law
Mark Thiessen, Attorney at Law | Mark Thiessen
Youa re in some serious trouble and need to hire a skilled sex assault trial attorney in your area. She can outcry and a skilled attorney will get your story to light. But it is going to be an emotional battle.
Answer Applies to: Texas
Replied: 11/2/2011
    Cornish, Crowley, Rockafellow, & Sartz, PLLC
    Cornish, Crowley, Rockafellow, & Sartz, PLLC | Jacob Peter Sartz IV
    I'd recommend you retain an attorney. Because she is a minor and because of the allegations, you could be charged with a serious offense depending on what exactly she told the police. Ultimately, anyone charged is presumed innocent until proven guilty beyond a reasonable doubt. Anyone charged with a criminal offense has a right to council. If the crime is punishable by jail time and if they cannot afford to retain a lawyer, the court may appoint a defender at the public's expense. When someone charged is arraigned, the presiding judge or magistrate will advise them of their charges. In some instances, an arraignment may be waived.
    Answer Applies to: Michigan
    Replied: 11/2/2011
    Law Office of Nixon Ayemi | Nixon Ayeni
    You are looking at criminal sexual contact, and you need to start preparing a defense if the police decided to move on this case.
    Answer Applies to: Minnesota
    Replied: 11/2/2011
    Thomas J. Tomko Attorney At law
    Thomas J. Tomko Attorney At law | Thomas J. Tomko
    Your case will be investigated. You may even be questioned. It is imperative that you have an attorney with you when questioned. To do otherwise could help get you convicted. The likely charge in your case is, believe it or not, Criminal Sexual Conduct. If there is an unwanted touching for sexual gratification, then it can result in a CSC charge. It could also result in your having to register as a sex offender, if convicted. Therefore, you should immediately hire an attorney to represent you in this matter, prior to even questioning, as the simplest seeming statements may actually be statements which lead in a conviction I hope that this was helpful.
    Answer Applies to: Michigan
    Replied: 11/2/2011
    Law Firm of Martin & Wallentine
    Law Firm of Martin & Wallentine | Jerry Lee Wallentine Jr.
    You may be charged with Indecent Liberties with a Child, which is a Level 5 Person Felony . Or, you may be charged with sexual battery, which is a misdemeanor. In any event, you need to obtain counsel right away.
    Answer Applies to: Kansas
    Replied: 11/1/2011
    The Law Offices of Gabriel Dorman
    The Law Offices of Gabriel Dorman | Gabriel Dorman
    You should immediately hire an experienced criminal defense attorney to represent you. Do not just sit back and wait for the police to contact you. Also, do not talk to the police or anyone else about this situation. if the police happen to contact you, do not speak to them about any of this. Politely tell them that you will be hiring an attorney to represent you and you will have that attorney contact on your behalf. Again, do not make any statements to the police. You need to protect yourself as these sorts of allegations are incredibly serious and, if found true, could potentially result in a lengthy prison sentence. Any statements you make to the police, family members, neighbors, friends, etc. can and will be used against you if there is a police investigation. Also, stop posting any information about what may or may not have happened on these forums as this information can be used against you as well. The best thing you can do for yourself at this point is to hire a criminal defense attorney to help you. Do not take this lightly.
    Answer Applies to: California
    Replied: 11/1/2011
    Law Office of Richard Williams
    Law Office of Richard Williams | Richard Williams
    You may be subject to an arrest for sexual misconduct or sexual battery, depending on what happened. Keep you mouth shut, do not make any statement to the police or anyone else, do not e-mail or post this on facebook, and hire an attorney immediately.
    Answer Applies to: Alabama
    Replied: 11/1/2011
    Robert Mortland
    Robert Mortland | Law Office of Robert Mortland
    It is possible that you could be facing arrest. However, I advise you to speak with an attorney as soon as possible to start building your defense. It is also important to know what exactly your niece said to the police and this information can be obtained by defense counsel.
    Answer Applies to: California
    Replied: 11/1/2011
    Law Office of Phillip Weiser
    Law Office of Phillip Weiser | Phillip L. Weiser
    If she reported a criminal act, the police have the duty to investigate it. If the only evidence is her statements, that may not be enough to bring charges, but if there is any evidence to corroborate her statements, they may make an arrest and charge whatever crime they believe is shown. They will probably want to interview you. You can refuse and ask for a lawyer to be present if you wish. They cannot force you to give any statements. This is very serious, so if you make any statements to anyone, they can be used as evidence against you. My advice, say nothing without first consulting with an attorney.
    Answer Applies to: Kansas
    Replied: 11/1/2011
    Palumbo and Kosofsky
    Palumbo and Kosofsky | Michael Palumbo
    You need to retain counsel to contact the police to see if they are planning on arresting you. If so you should turn yourself in and let the process begin.
    Answer Applies to: New York
    Replied: 11/1/2011
    The Law Offices of Seth D. Schraier
    The Law Offices of Seth D. Schraier | Seth D. Schraier
    The police will only make an arrest if they believe there is enough evidence to constitute a crime. This may still happen if she has gone to the police to report this. What you should do in the meantime is consult an attorney, and have one on hand, because if you are arrested you want one to be present immediately.
    Answer Applies to: New York
    Replied: 11/1/2011
    Charles M. Schiff, Attorney at Law
    Charles M. Schiff, Attorney at Law | Charles M. Schiff
    In all likelihood, the authorities will conduct an investigation based upon her allegations. I suggest that you respectfully refuse to answer questions. When the investigation is completed, it will be submitted to the County Attorney for review. If the County Attorney believes that there is sufficient evidence to charge you, you will likely receive a Summons in the mail directing you to appear before the court on a specified date. Under the circumstances you relate it is not likely that you will be placed in custody prior to your initial court appearance. At the initial appearance the court will decide whether a monetary bail is required. The actual charge would depend upon the facts alleged.
    Answer Applies to: Minnesota
    Replied: 11/1/2011
    Freeborn Law Offices, P.S.
    Freeborn Law Offices, P.S. | Steve Freeborn
    You say in your "facts", that you went into her bedroom and "somehow closed the door". This causes me to raise an eye brow, that perhaps something more happened than you have disclosed. You also do not say how old you are, or what sex you are. These allegations are serious. You need to consult with an attorney because, yes, you can be arrested, and yes, charges could be filed. What those charges would be depends upon what she says you did, what your age is as compared to her. Charges could be rape?, indecent liberties?, communication with a minor for immoral purposes?, sexual assault?, domestic violence?
    Answer Applies to: Washington
    Replied: 11/1/2011
    Craig W. Elhart, P.C.
    Craig W. Elhart, P.C. | Craig Elhart
    The police will investigate the complaint and make a report to the prosecuting attorney. The prosecuting attorney will then determine what criminal charges, if any, to authorize. Until the prosecuting attorney has reviewed a police report it is only speculation as to what might happen. Remember, if the police contact you, anything you say can and will be used against you in the matter. You have the right to remain silent and don't have to talk to the police.
    Answer Applies to: Michigan
    Replied: 11/1/2011
    Gonzalez Law Associates P.C.
    Gonzalez Law Associates P.C. | Carlos Gonzalez
    There can be criminal charges depending on an investigation and generally it would seem the charge would be forcible touching.
    Answer Applies to: New York
    Replied: 11/1/2011
    Reeves Law Firm, P.C.
    Reeves Law Firm, P.C. | Roy L. Reeves
    This is an inappropriate forum to give any advice on something this politically charged and substantial. But, I will give you some basic advise. Do not contact your niece, and when you have family members inquire - they need to do so gently. If this little girl thinks you were inappropriate, pressing this issue with her will only solidify her resolve. If she made this up, it is better for other family members to discover her secret than for you, they can testify and keep you out of the loop. Now, you may be contacted by authorities, and asked to take a lie detector test. I always tell my clients, do not take the test, but if you think you want to, lets use my testor, not the State's. Let my guy and his machine produce the report. The State usually screams, but the argument is that it is not admissible anyway, it is just an investigative tool, so who administers is not relevant. And any contact you have with authorities, is intended to one purpose and one purpose only, to close this case and closing cases is easiest with arrest. The theory is once an arrest is made, the police case is closed, it is up to the court to sort things out. Where leaving the case open or determining that the little girl lied, leaves questions as to why, etc. that are not punted off to a court, so the police case remains open. They want it closed. You do the math.
    Answer Applies to: Texas
    Replied: 11/1/2011
    Giannini Law Office, PC
    Giannini Law Office, PC | Robert Giannini
    If the police decide there is probable cause then you may very well be arrested. The charges could include sexual battery or child molestation.
    Answer Applies to: Georgia
    Replied: 11/1/2011
    Law Offices of John Carney
    Law Offices of John Carney | John Carney
    You could be charged with sexual misconduct as a misdemeanor if the police believe her when she says that you touched her private areas in an inappropriate manner for sexual gratification. If you inadvertent touched her buttocks or breasts while hugging your niece in a home with plenty of adults around the assumption should be that she over-reacted to an innocent or accidental touching. If a woman walks past you in a crowded bar and your hand touched her buttocks or breasts it would hardly be considered intentional. If you grab her breasts in a bar you are guilty of a crime. Crimes of rape, sodomy, sexual misconduct, sexual abuse, and child molestation are very easy to claim and very hard to disprove. The police often do not investigate such matters properly or interrogate the alleged 'victim' to see if they are acting out of spite, trying to influence a child custody case, or just lying to get even with a boyfriend or husband. You need to retain a good criminal attorney to show the police and prosecutor that you are an honorable person who has never committed a crime and that the girl is just paranoid, delusional, or trying to get even for some imagined impropriety. I have defended pastors, parents, relatives, boyfriends, husbands and strangers who have been falsely accused of rape or sexual misconduct, and I have also represented men who have sexually assaulted, molested, reaped, or sodomized women. I have never lost a trial where I believed the man was innocent, but it is a very real possibility if the attorney is not able to show the judge or jury that their client is innocent. It is important to discover the motive for a false or mistaken accusation as well as the mental capabilities or problems of the alleged victim. If she is young or mentally disturbed it is relevant to the accusation. If she has made other accusations which were found to be false it is relevant to this accusation. If she has a grudge against a person or was upset about something then it is relevant to the case. If she was put off by the request for the email and then got nervous when you hugged her it could have made her misinterpret your hug for a sexual advance. If you hugged her in a bathroom it may have caused her to feel uncomfortable and it could be considered as a factor in the case. Retain myself or a good criminal lawyer to get witnesses statements, contact the police and prosecutor to try to prevent an arrest, and to investigate her and the alleged crime. If you do not retain an attorney you will not have the evidence to prove that you are innocent. Public defenders often do not do what is necessary and possible to build a proper defense. A good criminal lawyer can often prevent the arrest and avoid unnecessary pain and embarrassment. It is a horrible thing to be falsely accused of such a serious offense and there are a lot of crazy women who make false accusations. There are also a lot of sex offenders who will deny that they committed any crime since it is so heinous an allegation, Theses are the toughest cases to defend and can ruin your life and reputation. They can result in you losing your family, child custody, career, reputation, freedom, and force to to register as a sex offender for life.
    Answer Applies to: New York
    Replied: 11/1/2011
    Law Office of Rankin Johnson IV, LLC
    Law Office of Rankin Johnson IV, LLC | Rankin Johnson IV
    The police might decide there isn't enough to go on, or you might be charged with sexual abuse, a serious crime carrying a lengthy mandatory prison term. You should talk to a lawyer, and absolutely do not talk to anyone else at all, especially not your family or the police.
    Answer Applies to: Oregon
    Replied: 11/1/2011
    Law Offices of Paula Drake
    Law Offices of Paula Drake | Paula Drake
    You need to have representation before you are contacted by law enforcement; you need advice immediately in order to protect yourself against some potentally serious charges. What you do now could affect the outcome. Call a lawyer now.
    Answer Applies to: California
    Replied: 11/1/2011
    Law Offices of David L. Smith
    Law Offices of David L. Smith | David Lee Smith
    Do not discuss this situation with anyone and under no circumstances discuss this with the police. Get to the nearest attorney (criminal defense attorney) and don't look back.
    Answer Applies to: California
    Replied: 11/1/2011
    Law Office of Jeff Yeh
    Law Office of Jeff Yeh | Jeff Yeh
    The best way to avoid a charge at this stage is not to talk to anyone about this other than an attorney. Remember, you have the right to remain silent, and if law enforcement cannot get any incriminating statements from you, they may not go ahead with a criminal complaint.
    Answer Applies to: California
    Replied: 11/1/2011
    Austin Legal Services, PLC
    Austin Legal Services, PLC | Jared Austin
    This can lead to serious charges so you need to be very careful in what you do and say. Keep in mind that no one has to talk to the police and if you do you have the right to have an attorney present. I would seek out an experienced criminal defense attorney just to at least go over the case and determine what your next course of action should be.
    Answer Applies to: Michigan
    Replied: 11/1/2011
    Betts Legal Services
    Betts Legal Services | Shawn M. Betts
    Depending on what specific allegations were made, you could be charged with a Criminal Sexual Conduct charge. There are different levels depending on whether she alleges just touching or something more severe, but given her age, the charge will most likely carry a potential prison sentence if convicted. However many prosecutors won't charge a person if there is not strong evidence to support the allegations, as the cases are difficult to prove.
    Answer Applies to: Minnesota
    Replied: 11/1/2011
    Law Office of Richard Southard
    Law Office of Richard Southard | Richard C Southard
    Without knowing what her allegations are or your age, it is hard to predict the exact charge(s). However, it is likely that you will be arrested. The police may try to "question" you first but they will NOT let you talk your way out of this as they already have enough evidence to arrest you based on your niece's statements. You have a constitutional right not to talk to the police. You should absolutely take advantage of that right and not speak to the police without an attorney present. If you have the means, you should hire an attorney sooner than later to ensure that your rights are protected. These are VERY serious allegations which all prosecutor offices take seriously. There is the potential for severe consequences and the prosecutor's offices do not give many breaks on allegations of this nature.
    Answer Applies to: New York
    Replied: 11/1/2011
    Law Office of Tracey S. Sang
    Law Office of Tracey S. Sang | Tracey Sang
    It's very hard to predict what will happen. If the police did not find her credible then it could be that nothing more happens at all. If the police want to pursue the investigation, they may contact you to see if you will talk to them. If that happens, it is your choice whether you talk to them or not. You may also bring a lawyer with you when you talk. This is an accusation that probably has no physical evidence, just her word. As such, it is a very difficult case to prove. It is unlikely that you would be arrested out of the blue based only on her accusation. It is a frustrating situation, though, as no news is good news.
    Answer Applies to: California
    Replied: 11/1/2011
    Law Offices of Louis M. Leibowitz, LLC
    Law Offices of Louis M. Leibowitz, LLC | Louis Leibowitz
    You need to see a lawyer right away. These cases are taken very, very seriously. You may be charged with child abuse, assault and various sex offenses. Be wary of covert attempts by the police to get you to "confess" to your niece.
    Answer Applies to: Maryland
    Replied: 11/1/2011
    Connell-Savela
    Connell-Savela | Jason Savela
    You are about to be charged with sexual assault on a child, a very awful situation. It can be a lifetime of prison. Please take this seriously. You need to get an attorney immediately. You should not discuss this situation with anyone except your attorney. Anyone except an attorney can be forced to testify against you as to what you have said. You may not even know what might hurt your side of the case. The DAs and cops will assume she is telling the truth. They might suggest they want your side or help proving her wrong, but that is a lie. Sometimes, cops will have the "victim" call you and ask you to apologize or just confirm what actually happened. This is a recorded call conducted with police listening and suggesting questions etc. Feel free to listen, but I would not say anything. You will hear it again in trial. This stuff is too important to forget and hope it goes away. Get an attorney that you can trust to help you. Criminal Defense that has sexual assault trial experience - more the better.
    Answer Applies to: Colorado
    Replied: 11/1/2011
    Law Office of James E. Smith
    Law Office of James E. Smith | James Smith
    Depending on what your niece said that you did you may be questioned, asked to take a lie detector test, summoned to court or arrested. It's time to lawyer up.
    Answer Applies to: Nevada
    Replied: 11/1/2011
    bark & karpf
    bark & karpf | peter bark
    It sounds like you may be arrested for sexual abuse and endangering the welfare of a minor. If convicted you will have to register as a sex offender. This is a serious allegation and I suggest you contact a lawyer immediately and not try to contact your niece.
    Answer Applies to: New York
    Replied: 11/1/2011
    Fairlie & Lippy, P.C.
    Fairlie & Lippy, P.C. | Steven Fairlie
    You will likely be charged with indecent assault, but you really won't know the charges until the arrive since you don't know what she told the police. The police may mail you paperwork or may come to your home to arrest you. You should retain a very good lawyer without delay.
    Answer Applies to: Pennsylvania
    Replied: 11/1/2011
    Andersen Law PLLC
    Andersen Law PLLC | Craig Andersen
    You need to give me more information. How old are you? What are the facts? Whatever you do, assert your right to remain silent if contacted by the police. Also assert your right to speak with an attorney and don't say anything to anyone about this other than your lawyer. As a general rule remember this-Don't say anything you aren't prepared to hear in court. That's because anything you say can and will be used against you. If this has been reported to the police, they will investigate it and determine whether there is probable cause to believe a crime was committed. Again, don't help them out by saying anything to them or anyone else. The possible charges are felonies, indecent liberties and child molestation. Both have a potential for a prison sentence and require you once convicted to register as a sex offender. Don't fall into the trap that innocent people can't be convicted or that innocent people have no reason to cooperate or give a statement. That's all b.s. and designed to get you to incriminate yourself. Call a lawyer and get him or her on board. Anything the police need to know can be conveyed by your attorney so your statement can't be used against you.
    Answer Applies to: Washington
    Replied: 11/1/2011
    Gutin and Wolverton
    Gutin and Wolverton | Harley Gutin
    Talk to no one until you have talked to a lawyer. Do not talk on the phone. An alleged victim can have the police on the line recording the conversation (in a "controlled phone call") and you may say incriminating statements even an innocent "I am sorry". Do not talk to anyone. This is a very serious allegation. A simple answer cannot be given over the internet. You need to see a lawyer immediately that deals with criminal law.
    Answer Applies to: Florida
    Replied: 11/1/2011
    Law Office of Eric Sterkenburg
    Law Office of Eric Sterkenburg | Eric Sterkenburg
    When the police come out on this call they will question the girl and everyone there to find out what they think happened. They will file a report and a investigating officer will be assigned to the case. the investigating officer will contact you and ask you to come in to tell your side of what happened. DO NOT TALK WITH THE POLICE WITHOUT AN ATTORNEY PRESENT WITH YOU! this is your right. During the questioning ie interagation the police are allowed to lie to you. they will tell you that they have more information than they have and try to get you to admit to the act. If the police think that they have a case against you they will arrest you. If they charge you based upon the girls story as you told it you would be charged with a violation of California penal code section 288. P.C. 288 . (a) Except as provided in subdivision (i), any person who willfully and lewdly commits any lewd or lascivious act, including any of the acts constituting other crimes provided for in Part 1, upon or with the body, or any part or member thereof , of a child who is under the age of 14 years, with the intent of arousing, appealing to, or gratifying the lust, passions, or sexual desires of that person or the child , is guilty of a felony and shall be punished by imprisonment in the state prison for three, six, or eight years. (c) (1) Any person who commits an act described in subdivision (a) with the intent described in that subdivision, and the victim is a child of 14 or 15 years, and that person is at least 10 years older than the child, is guilty of a public offense and shall be punished by imprisonment in the state prison for one, two, or three years, or by imprisonment in a county jail for not more than one year. In determining whether the person is at least 10 years older than the child, the difference in age shall be measured from the birth date of the person to the birth date of the child. If you are found guilty of this you will have to register as a sex offender for the rest of your life. As you can see this is searous. You need to consult with an attorney as soon as you can.
    Answer Applies to: California
    Replied: 11/1/2011
    Law Office of Jared Altman
    Law Office of Jared Altman | Jared Altman
    It sounds like the charge could be Harassment in the Second degree, Sexual Abuse or possibly Forcible Touching. If the police want to interview you tell them that you want a lawyer present. Don't meet with the police without a lawyer. That's a very bad move. If they charge you then you will stand a much better chance if you haven't been interviewed.
    Answer Applies to: New York
    Replied: 11/1/2011
    Meshbesher & Spence
    Meshbesher & Spence | Daniel Guerrero
    If the police contact you, you should tell them you want to cooperate because you did not do anything wrong but that this is a very serious allegation and you want to talk to a lawyer first. Get the officer's name and number and call a good lawyer.
    Answer Applies to: Minnesota
    Replied: 11/1/2011
    Rizio & Nelson
    Rizio & Nelson | John W. Bussman
    It's impossible to say whether or not you'll be arrested or charged, and if so what the charges would be without knowing a lot more about the strength of the evidence against you. Be extremely wary of any attorney who makes specific predictions, because they can't possibly know what they're talking about at this point. This could obviously be very serious. Even being accused of crimes against children can have lasting effects on your career, your family and your life.
    Answer Applies to: California
    Replied: 11/1/2011
    DeVito & Visconti, PA
    DeVito & Visconti, PA | John E DeVito
    This is a serious matter and the police will treat it seriously. You are likely to be charged with indecent assault and battery on a person over 14 years of age. It is a felony and is punishable by up to 5 years in state prison.
    Answer Applies to: Massachusetts
    Replied: 11/1/2011
    Baner and Baner
    Baner and Baner | Jonathan Baner
    It varies incredibly wildly with what happens. You have two options: 1. wait and see what, if anything, the state brings up; 2. Hire a private attorney to get the screws a turning to attempt to cut it off at the pass - it is easier to get a case not charged than it is to get one dismissed (sort of). Please do not post additional detailed facts (if possible delete this posting). Prosecutors are not stupid and will check fact patterns attempting to find incriminating statements made online supposedly in an anonymous capacity.
    Answer Applies to: Washington
    Replied: 11/1/2011
    Law Offices of Kenneth Wincorn P.C.
    Law Offices of Kenneth Wincorn P.C. | Kenneth Wincorn
    Be careful if the case has been filed not to interfere with the witness. It is best to consult a lawyer.
    Answer Applies to: Texas
    Replied: 11/1/2011
    Laguzzi Law, P.C.
    Laguzzi Law, P.C. | Carina Laguzzi
    First, do not talk about this case to anyone. Second, you should assume the police are doing an investigation. There is nothing you can do to prevent this and if they are going to arrest, there is nothing you can do to prevent that either. You could go and hire an attorney now but don’t have to until (and unless) you are arrested. Have some money set aside for bail and someone you trust have access to it if you are arrested. If you are, you will need a criminal defense attorney with experience in sexual assault cases.
    Answer Applies to: Pennsylvania
    Replied: 11/1/2011
    Michael Breczinski
    Michael Breczinski | Michael Breczinski
    The charge could be CSC (Criminal Sexual Conduct) and it can carry either 2 year or 15 years depending on if there are aggravating circumstances. DO NOT TALK TO THE POLICE. At least not without an attorney. This is serious and you could (if convicted be on the sexual offender list and be required to report regularly to the police and not live in certain places. YOU NEED AN ATTORNEY.
    Answer Applies to: Michigan
    Replied: 11/1/2011
    The Law Office of Harry E. Hudson, Jr.
    The Law Office of Harry E. Hudson, Jr. | Harry E. Hudson, Jr.
    You should consult with an attorney and take him or her with you if you talk to the cops. I do not recommend talking to cops. Their intent, regardless of what else they say, is not to get your side and or do anything to help you. It is to prove the case against you.
    Answer Applies to: California
    Replied: 11/1/2011
    Beaulier Law Office
    Beaulier Law Office | Maury Beaulier
    I handle a great number of cases involving these issues. The charges can be devastating to families and certainly to career aspirations for those convicted. As a result, an aggressive defense is necessary. First, and this is critical, NO ONE should make any statements to police or outside persons or parties. That means no discussion with family or friends on the facts of the case. Any statement made can be twisted and used against you in court. As a result, the less that is said, the better. If police investigators wish to speak with you, you may politely decline. Second, a criminal sexual conduct offense is a very serious felony charge. Presumptive Sentences, depending on the degree of the alleged offense, may exceed 7 years. I understand that this is a very frightening issue. However, acting promptly can be important to a strong defense.
    Answer Applies to: Minnesota
    Replied: 11/1/2011
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