By: Valery Frosty
Re: DO'S & DON'Ts LIST
DON'Ts AND DOs WHEN FALSELY ACCUSED OF CHILD ABUSE OR NEGLECT
Received from VOCAL, 1/95
DON'T INVITE LAW ENFORCEMENT OR SOCIAL SERVICES INTO YOUR HOME WITHOUT A
WARRANT. This action waives your right under illegal search and seizure
under the Constitution. This will allow them to come into your home at
ANY TIME and search and seize your children or belongings.
DON'T SPEAK TO ANYONE ABOUT YOUR CASE without first consulting a lawyer.
EVERYTHING YOU SAY CAN AND WILL BE USED AGAINST YOU. If you cannot afford
a lawyer one will be appointed to you if you are arrested. No attorney
will be appointed to you if this is a civil case (family law). In some
states, attorneys are appointed to parents in juvenile dependency court.
You should call the local Bar Association or legal information service
nearest you for this information.
DON'T CONTACT THE ALLEGED VICTIM, THEIR FAMILY, OR PROSECUTION WITNESSES.
Any and all such contact will be construed as an attempt to bribe or
threaten the alleged victim into silence or recantation. Such contact
must be done through a PRIVATE INVESTIGATOR who will work through or with
your attorney.
DON'T TURN TO DRUGS OR ALCOHOL. Such substances are habit forming and
are depressants. They can cause you to jeopardize your case.
DO GO ATTORNEY SHOPPING. Seek out an attorney who is EXPERIENCED IN
CHILD ABUSE CASES (specifically false cases). For assistance, contact
your local VOCAL or call NASVO at (916) 863-7470. If you cannot afford
an attorney, one will be appointed to you in criminal court. If you are
in civil court (family), you must pay for your own attorney. Depending
on the state, you may or may not be appointed an attorney in juvenile
dependency court.
DO HIRE A PRIVATE INVESTIGATOR. Some attorneys have their own in house
investigators. Some do not, and IT IS CRUCIAL THAT AN INVESTIGATOR BE
IMMEDIATELY ASSIGNED TO YOUR CASE. If your attorney does not provide
one, call NASVO for references.
DO KEEP A DAILY JOURNAL. Such a journal should document everything you
do or where you go and people who see you or are with you. Keep receipts
of purchases to keep evidence of activities. Back date a journal by going
through canceled checks, photos, letters and holiday experiences. Try to
remember and reconstruct everything you did and where you were at the time
of the allegation. Give this information to your investigator (and
attorney). This can provide evidence.
DO STRIP SEARCH THE CHILD'S ROOM, IF THE ACCUSING CHILD LIVED IN YOUR
HOME. This can provide proof as to your child's activities and sexual
and social habits. Look for notes, letters, diaries, photos, telephone
numbers, drug or sexual paraphernalia. Provide findings to your
investigator (and your attorney).
DO KEEP ACTIVE. Physical and social activity are healthy and will assist
in keeping depression at bay.
DO PAY YOUR ATTORNEY OR INVESTIGATOR. The people you hire for your
defense are professionals and will work toward finding a solid defense.
It is advisable to ALWAYS ENTER INTO A CONTRACT AGREEMENT FOR FEES. This
sets the boundaries of your agreement and protects both you and your
defense professional from failure. If you have problems about your
proposed contract, call NASVO.