Sunday, August 25, 2019

Child Molestation

What is it? Any touching of a minor under the age of 14 with sexual intent.

The sentencing for convicted molesters has gone way up in recent years. Ten, twenty years or even life sentences are not uncommon. Prison time for a convicted child molester is particularly difficult.

The mere accusation of child molestation can ruin a person’s good reputation for life. You need a skillful, experienced lawyer to make these charges go away. We are experienced experts at defending child molestation cases. We have successfully defended numerous cases.

If you ever get a hint that you are being accused of this, call us. Immediate expert investigation can save the situation.

The deck is stacked against a person charged with molestation. These are serious felony charges that are frequently charged for each individual touch. This means ten touches on a minor under 14 could mean ten criminal charges, with ten times the bail of one charge, perhaps over a million dollars. The average person will be stuck in jail unable to bail. Call us to get out of jail.

Sometimes innocent touching can be mistaken for contact with sexual intent. Two people who see the same thing put a completely different spin on it. An estranged wife observes her ex-husband touching the kids at a visit. She runs to the police and claims he molested them. She even convinces the kids that the way Daddy touched them was “bad”. We recently represented a man in Contra Costa County – in this situation, the man was arrested on a $300,000 bail. He paid $30,000 to a bondsman. We got the charges dismissed. We are now suing the police department that arrested him on such flimsy evidence.

There is mandatory reporting by certain individuals and caregivers (public school teachers) to report suspected abuse to the police. Elementary schools have a mandate to teach good touching—bad touching awareness. Unfortunately this can generate false charges. If a child is told that a touch on their “bottom” is bad, that could results in a sexual abuse charge when the intent was not at all sexual.

In some cases a person has made a terrible mistake and has touched a child inappropriately. Often they don’t know why they did it. Perhaps they suffered abuse or neglect as a child. Perhaps they were under the influence of serious drug abuse that can temporarily strip away their values and morals. The reasons are complex, but often very sympathetic. The police, District Attorney, relatives of the child want to dehumanize the offender. Our job, at which we are very good, is to present the positive aspects of a person’s life. Frequently, the defendant is a first offender, with no criminal background.

Our experienced, psychological experts prepare evaluations for the court that analyze why this happened and why it will not happen again. We have been able to keep many serious offenders out of jail and on probation with counseling and no sex registration.

This can be an initial step toward the healing process of the perpetrator and victim. Frequently molest crimes are very sad in that they are inside a family and can tear a family apart unless dealt with by experienced professionals.

The District Attorneys often seek sex registration for all defendants charged with child molestation. Psychological studies show many such defendants should not be registered for life. Wealways present psychological evaluations that show the low risk of repeat behavior to negate the need for sex registration.

Often a jury trial is necessary. Children make up things to get attention. When this leads to molest charges, the results can be frightening. Children can be led to say what a motivated adult wants them to say.

For cases that must go to trial, we are your best bet. Competent skilled trial lawyers that can convince a jury that you’re innocent are truly a rare breed. We have those trial lawyers. Annie and Robert Beles have that human quality to convince a jury. Demetrius Costy has the courtroom appearance and presence to win.

Cross examination of a child witness is a special skill akin to that of a brain surgeon. If done poorly, the jail door slams shut. If done skillfully, you are free.

Recently, in May of 2012, our attorney, after trial began, achieved a total dismissal of a case with young girls claiming that the defendant had forced them to engage in lewd acts. This District Attorney had offered a plea bargain of 5 years in prison and sex registration. We held tough – they blinked, case dismissed. Another client free.

Important: We took that case over from another attorney who just didn’t have our expertise. So, if you have an attorney that doesn’t really know how to win a child molestation case – call us, we can help. If you’re not sure if you’re getting competent representation, call us for a second opinion.

State Certified Specialists
Robert Beles - State Certified Criminal Law Specialist
Anne Beles - State Certified Criminal Law Specialist
Paul McCarthy - State Certified Appellate Law Specialist
Emilio Parker - State Certified Immigration Law Specialist
California Board of Legal Specialization

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