Falsely Accused: A resource for those falsely accused

Call today to speak with a certified criminal specilaist at 925-639-3158

Child Molestation
Over half of molestation-abuse accusations are false, yet this crime has the
highest conviction rate of any felony charge.

An accusation of molest can start in a divorce/custody battle and lead to juvenile and
criminal cases. An anonymous accusation of abuse can lead to the removal of your children,
to criminal charges, to separation from your spouse, and ultimately to a prison sentence.
Your only defense is understanding the system you face and having the most experienced
legal representation possible.

Child Physical Abuse
The freedom given to Child Protective Service workers, police officers and prosecutors in
defining corporal punishment is what most often leads to false allegations of physical child abuse.
Their freedom turns into unchecked power when combined with the unlimited resources of the
DA's office, an often misinformed or biased staff, and a judicial system that relies on information
from people in the employ of the state.

Even though the ultimate authority--the jury--will decide on what is the reasonable treatment of
child, it is unfair to expect families to bear cost and trauma of a jury trial in order to establish
that what they are doing is legal and reasonable.

False Memory Syndrome
Repressed Memory is the latest fad among therapists. Their unorthodox methodology is used to
revive memories of childhood incest in order to explain away adult problems.

Thousands of women who make allegations of sexual abuse against their parents as a result of
recovered memory therapy may have been the victims of a dangerous fad. Their memories may
have been created through suggestive and invasive techniques, especially if there is no
corroborating evidence of abuse. The results are often devastating to the patient's family who
may not only lose contact with the child, but can be civilly sued and criminally charged for acts
they did not commit.

Internet Stings
How is it possible to sit at your own computer exercising your 1st amendment rights and be the
subject of a police Internet sting operation? Actually, it is quite easy once you understand the law.

In the State of California all "attempt" crimes carry as a sentence one half of the underlying
crime. Lewd acts with a minor under the age of fourteen years (Penal Code § 288(a)) carries
eight years in prison; therefore, attempted lewd acts with a minor under the age of fourteen
carries four years in the state prison. Further, the defendant if convicted must register as a sex
offender every time he/she moves and on his/her birthday for the remainder of his/her life.

Rape
The criminal allegation that is easy to claim and increasingly difficult for the defendant to
disprove. In 1998 the California legislature passed Evidence Code § 1108 that further crippled a
defendant's ability to remain innocent in the eyes of the jury until proven guilty. The new code
section allows the prosecution to introduce allegations made by other women allegedly assaulted
on previous occasions by the defendant to prove that a rape occurred in the currently charged
offense. However, no corroborative evidence is required to introduce these alleged crimes.
There does not have to be a conviction. Nor does there have to exist a criminal charge or even
a prior police report. The uncorroborated word of a single individual is sufficient.

Shaken Baby Syndrome
A Shaken Baby Syndrome case is extremely difficult to prepare and present to a jury. The cost
for the necessary experts is staggering because most of the evidence relies on medical expert
testimony and medical research papers. The most serious problems, however, are 1) insufficient
research, and 2) the inaccessibility of supporting research.

The role of the defense team is to teach the jury the difference between scientific research and
the opinions of an advocate. Finally, the defense must educate the jury members on the actual
state of knowledge with regard to brain trauma so they can determine the truth of the child's
injuries-and the innocence or guilt of the defendant.

Spousal Abuse
There is a gender bias in the enforcement of the law. The penal code sections do not distinguish
between the accused being a man or a women. However, the vast majority of the people
entrusted to enforce these laws favor a woman's testimony, not only because of cultural bias,
but because of the out-dated psychological training that the police, judges and prosecutors
receive from one school of health care professionals.

In the vast majority of cases, the man is arrested and the women left in the house. It is much
less common that officers have each of the individuals make a citizen's arrest of the other, and
then transport them both to jail. Even in this situation, however, when the officer files a report
stating he arrested both male and female parties, research and experience shows that the
prosecutor usually proceeds with charges against the man and releases the woman.

Motions