Experiencing child abuse false allegations can be an unnerving experience. A conviction can not only result in a lengthy prison term, but also ruin your reputation, career, and social status irreparably. So, it is extremely important to hire an experienced child abuse criminal defense lawyer. That way, you can take the necessary steps to protect your freedom and reputation.
Know Your Legal Rights
First and foremost, you should know that the charges against you – whether it is indecency with child or sexual abuse – cannot take away your constitutionally guaranteed rights. It means you have the right to remain silent while being arrested and the right to have legal representation. You also have the right to not answer any questions by the police or the prosecutor in the absence of your attorney. Similarly, you cannot be coerced into taking a lie detector test or any other test. That is, of course, unless the court orders it.
How an Austin Criminal Defense Lawyer Can Help You
Depending on the circumstances, your attorney might employ one or more of the following strategies to defend you.
The Allegations Are False
If there are glaring inconsistencies in the child’s statement, your attorney might be able to make the argument that the allegations are false. In some cases, your attorney might be able to prove that the allegations are indeed false. He can do that by cross-examining the child at the trial.
The Accuser Cannot Be Trusted
There have been many cases where teenage girls accused their father or stepfather of molestation – just to spite them. An out-of-control teenager might make such allegations against a parental figure who they think is trying to control them. In cases under this category, your attorney might be able to question the veracity of the accuser’s statements. That is based on their social media posts, their communication with their friends, and their communication with you. Their history of alcohol and drug use (if any), testimonies by their teachers, and other such evidence play the role.
Lack of Evidence
Charges like sexual assault of child are extremely serious in nature. And, the prosecution needs to prove their case beyond a reasonable doubt. If they are unable to produce DNA evidence and other physical evidence, your attorney might argue to dismiss the case due to lack of evidence.
Violation of Constitutional Rights and Procedural Errors
If the prosecution obtained the evidence against you through unlawful means or if the police made serious procedural errors, your attorney might request the court to not allow the evidence in question or dismiss the case altogether.
In some cases, you might be accused as a result of misidentification. In such cases, your attorney might establish your innocence. He can do that by proving that you were not present at the scene of the crime when the incident in question happened.
Facing Child Abuse False Allegations? Legal Help is Here for You
If you are being falsely accused of child sexual abuse, the criminal defense attorneys at Hines & Holub can help you. With over 85 years of combined experience, unmatched legal expertise, and a track record of achieving positive outcomes in child sexual abuse cases, we are best position to represent you and fight for you.
To discuss your case with one of our experienced Austin child abuse defense attorney, call us today at 512-883-5386. Or, contact us online and schedule a free and confidential consultation.