how to fight a child molestation charge

Can a child go to jail for child molestation?

If you have a prior felony conviction for a sex offense that involved a minor and you are charged with child molestation under PC 647.6, you will face felony charges. A conviction of felony child molestation under these circumstances carries a sentence of up to six years in prison and fines of up to $5,000.

 

How do you fight a false CPS report?

You can even have your attorney on speaker phone during the conversation with the caseworker. Your caseworker may have the right to inspect the home and speak with the child or children in question. Depending on your state, you may be able to take legal action against those who knowingly make false claims against you.

 

What is attempted molestation of a child?

California child molestation laws make it a crime to engage in, or to attempt to engage in, sexual acts with a child under 18 years of age. Depending on the age of the minor and the nature of the sexual contact, the consequences can range from misdemeanor charges to felony charges with life in prison.

 

What makes someone a child molestor?

A pedophile is an adult person (usually male, but can be female) that has a sexual attraction to prepubescent children. They may prefer a specific sex or be sexually attracted to both males and females.

 

Can CPS lie to you?

However, there are many cases in which a CPS representative could lie. The most common example is a caseworker making false or misleading claims in an official report. … They could decide that you deserve punishment for one reason or another, so they sprinkle a few false statements into their report.

 

Can CPS harass you?

CPS is still obligated to investigate. However, there are systems in place to keep you from being harassed by a reporter or by CPS. For example, let’s say that you have been reported for physical abuse of your child and you completed an investigation.

 

Can you get compensation for being falsely accused?

If you have been wrongfully convicted and have managed to prove your innocence by a preponderance of the evidence, California law does allow for compensation. Since 2000, that compensation has been $100 per day spent in jail with no maximum amount. … You have proven in court that you were wrongfully convicted.

 

What do you call someone who falsely accuses you?

1. Libeller – one who accuses falsely and maliciously, or publishes any false and defamatory statement in conversation or otherwise.

 

How do you prove your innocence?

Witness testimony can be used to prove innocence in two ways. First, if someone else committed the crime of which you are accused, a witness may be able to testify to seeing a person fitting a different description at the scene. Second, witness testimony can be used to establish an alibi.

 

What is a Level 1 child molestor?

Level 1 Sex Offenders Where the Sex Offender Registry Board determines that the risk of reoffense by an offender is low and the degree of dangerousness posed to the public by that offender is not such that a public safety interest is served by public availability, the Board shall give that offender a Level 1 …

 

Does molestation mean?

1 : to make unwanted or improper sexual advances towards (someone) especially : to force physical and usually sexual contact on (someone) He was sent to prison for molesting children.

 

How do I deal with a child molestor?

Call the authorities. Then keep the child molester away from your home and your child. Know that the molester will be after the child to stop them from telling. Do what you need to do to protect the child when you can’t be there.

 

What is considered unsafe living conditions for a child?

Being unwilling to meet your child’s basic needs for food, shelter, clean water, and a safe environment (examples of unsafe environments include: your child living in cars or on the street, or in homes where they are exposed to poisonous materials, convicted sex offenders, temperature extremes, or dangerous objects …

 

Can social services take my child away without evidence?

Social services do not have the authority to decide when to remove a child. If they believe the child to be at risk of significant harm, they can’t remove the child from the home unless a court order has been granted.

 

Can CPS come unannounced?

Many times CPS investigators show up unannounced. … If the CPS worker does not have a warrant, they will likely leave and ask you and your attorney to schedule a time to be interviewed.

 

What can CPS not do?

CPS cannot enter your home without your permission

Although CPS can show up at a home at any point in time, they may not enter a home without the explicit permission of a parent or guardian. The only exception to this rule is if they have a court order or believe a child is in immediate danger.

 

What CPS looks for?

CPS will look for any hazards that could result in a child’s burn injuries, including electrical equipment, chemicals, and thermal contact. Fire hazards. Make sure that flammable items are far away from open flame in the house. A CPS investigator may also ask you if your house is equipped with smoke alarms.

 

What is the time limit for CPS to make a decision?

Timeframes. A request for a review should ordinarily be made within 10 working days of the date of the decision letter. Requests may be submitted after 10 working days, although a delay may impact negatively on the outcome of the decision-making process.

 

Who is higher than CPS?

CPS acts within the California Department of Social Services, which would provide any investigation. Other than that, there is nothing higher than CPS in terms of agencies, other than the California state government, from which they get their funding.

 

 

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