Child abuse accusations are terrifying and life-changing experiences. It is powerful, even if totally unfounded, to ruin reputations, ruin families, and imprison innocent people. A good defense attorney will meticulously examine the allegations and evidence. They’ll look for inconsistencies, seek out witnesses, and determine if the accuser has ulterior motives. Oftentimes, child abuse allegations stem from custody battles, bitterness between couples, or misunderstandings. Your attorney’s investigation uncovered the truth. They’ll also evaluate any physical evidence to determine if it definitively proves abuse or if other plausible explanations exist.
Understanding the legal definition of abuse
As a child abuser, your actions must meet the legal definition in your jurisdiction. Your attorney will determine if the conduct that you are accused of actually qualifies as involved in child abuse charges in Irvine to the law. Even if you’ve made poor parenting decisions, it may not legally be considered child abuse. Your lawyer argues the allegations don’t meet the legal standard. In many cases, the accuser has ulterior motives or credibility issues that call their allegations into doubt. Your attorney will look into the background, reputation, and mental health of whoever initiated the charges. They expose any past false allegations, financial incentives, jealousy, desire for revenge, or history of dishonesty that could discredit the accuser’s claims.
Presenting you in the best possible light
Even if some of the allegations are true, your attorney will highlight all the facts and circumstances that show you’re a loving, capable parent who does not harm children. They’ll explain the allegations, acknowledge any errors you’ve made, and explain why your child is still safe in your care. Your remorse, efforts to improve, and ability to provide for your child’s needs can be convincing.
Before charges are filed, your attorney presents the prosecutor with exculpatory evidence and tries to convince them the allegations are unfounded or exaggerated. In many cases, they can negotiate with the prosecutor, so no criminal charges will be filed as long as you comply with CPS safety requirements. It is enough to protect your parental rights without a drawn-out court battle.
Preparing a strong defense case
If charges were filed, your Orange County Domestic Violence Lawyer will thoroughly prepare your defense case to dispute the allegations at trial. They will file motions to exclude improper evidence, compile convincing evidence and testimony, and choose experts to support your version of events. Their in-depth preparations can get bogus charges dismissed or win a favorable verdict at trial. Your attorney will explore every legal strategy that could lead to dismissal of the charges, acquittal at trial, or regaining custody of your children. They’ll advise if pleading guilty to a lesser charge, participating in a diversion program, or accepting a plea bargain is your best option. Their legal knowledge and experience with local courts give you the best chance of the best outcome. Prosecutors often use polygraph results to pressure defendants into confessions or plea bargains. The polygraphs are not as scientifically reliable as lie detector tests, and your lawyer will challenge the admissibility of the polygraphs.