child being accused of sexual assult

[parentoftwo]

What is the name of your state (only U.S. law)? Colorado


My daughter is 12, and she is being accused of sexual assult on her step brother who is 5.

She has told me that she hasn't done anything to him, and never would.

What my question is to you is:

We talked to the DA today... she gave my daughter 3 options...
.. guilty
.. not guilty
.. plea bargain

the plea bargain was, that if she took it, she would have to register as a sex offender for atleast a year, or until she completes her probation..
this would get taken off of her record once she is done.

.. guilty.. would remain on her record, probably forever....

.. not guilty ... we would have to go to court, and have all of these people say horrible things about her. make her feel terrible about herself... and could result in her harming herself.

My daughter wants to do a polygraph test... DA said they can't use it, but would consider the positive out come of the test.

Can someone please give me some advise!!

Thank youWhat is the name of your state (only U.S. law)?

 

[justalayman]

where is your attorney??????????!!!!!!


this is not something you want to deal with on your own. Too many chances of making a mistake and for sexual offenders, that can mean it follows you for life.

no polygraph test. It is not in her best interest.

 

[parentoftwo]

what type of lawyer should i get? i have NO idea where to go and who to talk to.. please help!

 

[justalayman]

a criminal defense attorney



Is this in adult court or juvenile court?

 

[parentoftwo]

i don't know... i would think juvi? honestly.. i don't know ... i am lost and worried...

thank you for talking to me

 

[Proserpina]

i don't know... i would think juvi? honestly.. i don't know ... i am lost and worried...

thank you for talking to me

Honey seriously you NEED to get your daughter a criminal defense attorney.

And - even though you believe that she's innocent - counseling won't hurt her before she goes to trial or makes a plea. Particularly since you mentioned the possibility of her harming herself - this is NOT a normal response to stress.

 

[parentoftwo]

thank you for you help and advice

 

[StevenJ_420Law]

You should not be talking to any of those people without an attorney. Sounds to me like you guys are talking her into juvi hall.

Open the phone book, pick an attorney under the criminal section and call them. If they dont do it, they will likely give you a referral. Any attorney is better than you and your dearest daughter talking her into a sex crime conviction.

 

[Ketazi]

I agree, it is extremely, super important that you hire a lawyer for your daughter asap and make sure that you and your daughter don't talk to ANYONE about the case without your lawyer present, especially not the police and prosecutor. You may think what you're saying is helpful or harmless but even small details that may seem to be unrelated can be used against her at trial. A lawyer will cost you but you have to hire one even if it means taking out loans or begging your whole family for contributions. Whatever it takes.
This is not only an issue of your daughter risking conviction. With the type of crime and her age it's so much more than that. Whether she did it or not I really think you should get her into counseling asap to help her deal with what's going on. This has to be very difficult for a 12-year old.
Also, keep in mind that it does happen that children, even female children, does molest other children. I don't want to say that your daughter is guilty, I really don't know, but I hope you will consider the possibility that something did happen, for your daughter's sake. If she did something she may be too ashamed to admit it to you. If that's the case it would be an indication that your daughter is going through a very difficult time and needs help. Having done something with the step brother would not make her a bad person, it would make her a troubled child.

Either way, I hope you will start looking for a lawyer asap. You probably want a criminal defense attorney that works on juvenile matters. A lot of lawyers have web sites that has information about what kinds of cases they handle. Since juveline court is very different than adult court it's important that the lawyer has experience defending juveniles in juveline court.
Many criminal defense attorneys offer free consultations. If I were you I'd contact several lawyers that offer free consultations and make appointments with several. That will allow you to compare the lawyers and pick the one that you think would be best for your daughter. Fees can also vary considerably which is another reason to shop around.

Do not have your daughter plead guilty or accept a plea bargain before you retain a lawyer. The lawyer may be able to negotiate a better plea bargain and he can evaluate the state's evidence to determine whether taking the case to trial or taking a plea bargain is better. If she has to enter a plea before you have retained a lawyer it's in my opinion always best to plead not guilty. That doesn't mean that the case has to go to trial. She can change her plea later and most likely she will be able to accept a plea bargain at a later time.
Whatever you do do not take advice from the prosecutor. His job is to get your daughter convicted of the most serious charge possible, nothing else. Have your lawyer take care of any future communication with the DA.

I wish you and your daughter the best of luck. I hope it works out well for everyone involved.

 

[PQN]

I agree with everyone. You need an attorney immediately. You also need a counselor for your daughter and yourself. (And step-brothers parents should also have a counselor for him and themselves.)

I'm sure that you have been told to keep the children apart. My strong recommendation would be that neither child is left alone with another child. This will protect everyone - from any inappropriate touching as well as any false allegations.