need lawyer advice for two cases, son facing child molestation charges....

[bradthebloke]

texas

ok recently my son is being investigated for molesting my daughter which is terrible. It is in the early investigation process and we are waiting to see where it goes. He is a son from a prev relationship and i get him every other weekend. On a recent visit, my daughter told my common law wife/girlfriend that my son molested her while we were sleeping. I didnt belive her at first as it was so outrageous and I never thought my son would be capable of this. So I took my son and left so that way my wife could question my daughter without him being there. So my daughter went into great detail and it is being investigated....

Now, here is the crux of the situation. I have a pending misdemeanor assault charge against my wife from a couple of years back. My current lawyer for this case said that as long as she signs an affidavit stating that it didnt happen, I should be able to walk. She was going to go along with it until the incident with my son happened. now she is stating she will not do it as it will make her look like a liar with the future investigation and she cant be seen as one since my sons lawyer will prob bring up the fact that she signed a letter saying what happened with me was not true. My lawyer is trying to tell her that one case has nothing to do with the other and it wont affect what happens with my sons trial.

Now Im fine with taking whatever punishment I deserve but it is a first offense and my daughter needs me now more than ever. So Im asking, if my wife goes ahead and signs the paper for my case, will that possibly destroy her testimony for my sons future case? and make no mistake about it, im not just blowing off my daughter/sons case but that will probably take place over the course of a few years whereas my asault case goes down next week. If there is any chance it will hurt her testimony with my sons case, im more than willing to not have her sign it.

What are my options here? My lawyer said the max they can give me is a year in jail but would that really be the case for a first offense? im 36 yrs old and have never been arrested until now. Please advise.

 

[Proserpina]

texas

ok recently my son is being investigated for molesting my daughter which is terrible. It is in the early investigation process and we are waiting to see where it goes. He is a son from a prev relationship and i get him every other weekend. On a recent visit, my daughter told my common law wife/girlfriend that my son molested her while we were sleeping. I didnt belive her at first as it was so outrageous and I never thought my son would be capable of this. So I took my son and left so that way my wife could question my daughter without him being there. So my daughter went into great detail and it is being investigated....

Now, here is the crux of the situation. I have a pending misdemeanor assault charge against my wife from a couple of years back. My current lawyer for this case said that as long as she signs an affidavit stating that it didnt happen, I should be able to walk. She was going to go along with it until the incident with my son happened. now she is stating she will not do it as it will make her look like a liar with the future investigation and she cant be seen as one since my sons lawyer will prob bring up the fact that she signed a letter saying what happened with me was not true. My lawyer is trying to tell her that one case has nothing to do with the other and it wont affect what happens with my sons trial.

Now Im fine with taking whatever punishment I deserve but it is a first offense and my daughter needs me now more than ever. So Im asking, if my wife goes ahead and signs the paper for my case, will that possibly destroy her testimony for my sons future case? and make no mistake about it, im not just blowing off my daughter/sons case but that will probably take place over the course of a few years whereas my asault case goes down next week. If there is any chance it will hurt her testimony with my sons case, im more than willing to not have her sign it.

What are my options here? My lawyer said the max they can give me is a year in jail but would that really be the case for a first offense? im 36 yrs old and have never been arrested until now. Please advise.

One of the more worrisome things here is that instead of immediately getting the authorities involved, you chose to have the child questioned by someone other than an expert. Whether it's true or not, it's not going to be difficult to allege that she's been coached.

That aside, this beyond the scope of a forum. You need to be speaking with your attorney; we can't second guess your attorney.

 

[bradthebloke]

One of the more worrisome things here is that instead of immediately getting the authorities involved, you chose to have the child questioned by someone other than an expert. Whether it's true or not, it's not going to be difficult to allege that she's been coached.

That aside, this beyond the scope of a forum. You need to be speaking with your attorney; we can't second guess your attorney.

well she called the police immediately. i saw my daughter go on her own to tell my wife. my wife broke down in tears. when the police came, my wife went into another room, the same happened when the detective talked to my daughter, the hospital, and the cps case worker. I understand it may look as she was coached but i believe in my heart that she wasnt. my daughter is acting different now, she hides in closets, she cries real tears, her mom has not eaten hardly anything in a week and has constant bags under her eyes from lack of sleep. The detective told me for a 4 year old girl to go into explicit detail over the course of ten minutes with multiple interviewers and never straying from her story, its hard to assume she was coached.

but thats neither here nor there. So I guess youre saying that if they can possibly say she was coached, it could look even more likely that shes an all around liar if she signs my letter saying that my assault case never happened? I appreciate the feedback

 

[Just Blue]

well she called the police immediately. i saw my daughter go on her own to tell my wife. my wife broke down in tears. when the police came, my wife went into another room, the same happened when the detective talked to my daughter, the hospital, and the cps case worker. I understand it may look as she was coached but i believe in my heart that she wasnt. my daughter is acting different now, she hides in closets, she cries real tears, her mom has not eaten hardly anything in a week and has constant bags under her eyes from lack of sleep. The detective told me for a 4 year old girl to go into explicit detail over the course of ten minutes with multiple interviewers and never straying from her story, its hard to assume she was coached.

but thats neither here nor there. So I guess youre saying that if they can possibly say she was coached, it could look even more likely that shes an all around liar if she signs my letter saying that my assault case never happened? I appreciate the feedback

I'm sorry...Is your thread about dealing with the aledged molestation of your little girl by your son...or about getting your bottom off the legal pan? Really...What is your objective?

 

[RRevak]

So you are a wife beater,and your son a child molester, and the only thing you seem to be worried about is how to stay out of the jail you apparently deserve to be in!? This thread makes me want to throw up

 

[bradthebloke]

I'm sorry...Is your thread about dealing with the aledged molestation of your little girl by your son...or about getting your bottom off the legal pan? Really...What is your objective?

getting my bottom off the pan as it goes down next week. the charges with the son will take awhile to go forward. I want to get off but i DO NOT want to mess up anything that happens with my daughters case so if my wife signs an affidavit getting me off, can they use that affidavit in my sons case to call my wife a liar and say she possibly coached my daughter? If my son did do this than I do want justice to come to light and I want to have nothing done in my personal case to affect that case.

If someone did that to my son like a relative or whatnot, I would want that relative to get their comeuppance as well. Hes my son and I love him but this lil girl is only 4 years old whereas my son is 17.

 

[bradthebloke]

So you are a wife beater,and your son a child molester, and the only thing you seem to be worried about is how to stay out of the jail you apparently deserve to be in!? This thread makes me want to throw up

apparently someone cant read.

 

[Ladyback1]

Let me be blunt:

I don't really care what happens with your legal issues. You should not be focusing on yourself AT ALL.

No, your daughter doesn't need you more than ever--she needs trained professionals to help her deal with this.

Take a plea and move on. Or don't take a plea, and face whatever the judge hands down. 2 years for a misdemeanor assault to come to trial? Are you friggin' kidding me??? That is absurd

 

[bradthebloke]

Let me be blunt:

I don't really care what happens with your legal issues. You should not be focusing on yourself AT ALL.

No, your daughter doesn't need you more than ever--she needs trained professionals to help her deal with this.

Take a plea and move on. Or don't take a plea, and face whatever the judge hands down. 2 years for a misdemeanor assault to come to trial? Are you friggin' kidding me??? That is absurd

she is starting therapy tomorrow. 2 years for a misdemeanor? i dont recall ever saying that.

 

[bradthebloke]

she is starting therapy tomorrow. 2 years for a misdemeanor? i dont recall ever saying that.

its taken two years as the incident happened two years ago. I never knew a warrant was issued until recently and I turned myself in. im fine with with a plea or whatever happens to me. Just dont want to leave my lil girl for a year but will if I have to.

 

[RRevak]

she is starting therapy tomorrow. 2 years for a misdemeanor? i dont recall ever saying that.

Yep, that's exactly what you said...

I have a pending misdemeanor assault charge against my wife from a couple of years back.

 

[RRevak]

its taken two years as the incident happened two years ago. I never knew a warrant was issued until recently and I turned myself in. im fine with with a plea or whatever happens to me. Just dont want to leave my lil girl for a year but will if I have to.

Well that's what happens when you rough up your wife. Actions have consequences n all..

 

[bradthebloke]

Well that's what happens when you rough up your wife. Actions have consequences n all..

once again, i said im fine with the consequences if that happens. If i can get off, im gonna try, if i cant, im fine with it.

 

[bradthebloke]

Well that's what happens when you rough up your wife. Actions have consequences n all..

i just didnt know that if youre wife is beating on you when you try to leave and she blocks the door, you are not allowed to move her out of the way. I never BEAT on her. I wanted to leave and she blocked the door. finally out of rage I did pull her out of the way and she had a bruise on her wrist. I admit i did it as i will tell courts. I just wanted to leave.

 

[Proserpina]

i just didnt know that if youre wife is beating on you when you try to leave and she blocks the door, you are not allowed to move her out of the way. I never BEAT on her. I wanted to leave and she blocked the door. finally out of rage I did pull her out of the way and she had a bruise on her wrist. I admit i did it as i will tell courts. I just wanted to leave.

What happened when you called the police to help you?