Child Molestation charges bring with them severe penalties and social stigma because they are very serious. If you are accused of such a crime, contact a Boise Molestation Defense Lawyer immediately. There may be a lot of media attention surrounding the arrest or conviction of a molestation charges. Child Molestation charges typically include a number of offenses in Idaho. The result of such cases can mean years in prison and usually means being required to register as a sex offender.
It is important to talk to a criminal defense attorney if you have been arrested for these charges, subjected to a seizure and search on suspicion, or even being contacted by the authorities. In simple terms, getting convicted of a child molestation charge is going to have a big impact on your life. Most of the time it will ruin the lives of the people who catch charges. If you are dealing with such a case, let us handle it for you. We will put up an appropriate defense to protect your rights and future.
What Are the Typical Child Molestation Charges in Idaho?
Idaho does not have a charge formally called “Child Molestation.” There are, however, a group of charges that are typically used to criminalize sexual conduct of adults against minors. The following are criminal charges that would appropriately be considered Child Molestation:
- Sexual Abuse of a Child (Idaho Code 18-1506)
- Sexual Exploitation of a Child by Electronic Means (Idaho Code 18-1507A)
- Lewd Conduct with a Minor Child (Idaho Code 18-1508)
- Sexual Battery of a Minor Child 16 or 17 years of Age (Idaho Code 18-1508A)
- Enticing of Children (Idaho Code 18-1509)
- Enticing A Child Through Use of the Internet or Other Communication Device (Idaho Code 18-1509A)
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We have a team of child molestation defense lawyers ready to help you by protecting your rights and future during the case. We are going to do an investigation of our own and thoroughly investigate the conduct of police and the victim during the investigations that led to the arrest.
We will also look at how the motives of the child led to the accusations, and if there were outside sources involved. Memories of children tend to be malleable, and it is important to let the jury and prosecutor have this in mind during the case. We will look at the biological or medical evidence, so we can know whether the allegations being made against you are credible and what might be your best defense.
Sex Crimes Have Serious Penalties – Make Sure you Have an Experienced Boise Molestation Defense Lawyer
Sex crimes have serious penalties. If someone is convicted of child molestation charges, oftentimes the writing on the wall is prison time.
The offender is likely going to be registered as a sex offender for life. This sex offender registration requirement applies to most sex offense charges involving minors. The internet makes it easy for the public to access this list, which means the offender is going to be permanently branded a sexual offender.
Working with experienced child molestation defense lawyers is important because they will aggressively fight to make sure your rights and interests are protected. In Idaho, Hooper Law Offices is recognized for their knowledge and skills when handling such cases.
The Right to Being Presumed Innocent
Many lawyers turn down child molestation cases. This makes it hard for people to get the right defense, and most of them start feeling hopeless. Hooper Law Offices is dedicated to defending the rights of criminal defendants regardless of the charges. The importance of this dedication is significant, especially in regards to sex crimes and child molestation cases, because these are the cases that are so vulnerable to false allegations. At the same time, once there is a guilty plea or an individual is found guilty of a sex crime or child molestation type case, the penalties in these cases are the most severe. .
You can find an experienced lawyer who has knowledge specific to these cases by talking to Hooper Law Offices. For us, an accusation is not the same as a conviction, we believe in your right to the presumption of innocence. This is why we are going to treat you with the respect you deserve and presume you are innocent because it is your right.
False Allegations of Child Molestation
There are a lot of child molestation cases that are based on false accusations. There is an estimate that the number of false accusations could be as high as 60 percent.
This means that there are a lot of people being accused of child molestation daily, and some of them end up with a conviction. We are going to look at the evidence and start creating a reasonable doubt that can help protect your freedom and reputation.
Many of these cases do not have credible physical evidence. Many times the person making the accusation is not reliable or they have their own agenda; maybe a bitter parent involved in a custody battle and looking to get sole custody. In some cases, a social worker or therapist can question the kid in a way that they say something that is interpreted wrongly to mean that they have been molested.
A child can also be coached by an adult to answer the question in a way that makes it seem like the accused behaved in a certain way that may be interpreted as child molestation.
There are some cases where there was actual molestation and the one accused has a disability or some mental illness that makes them not know what they have done is wrong, or they cannot resist an overpowering compulsion; like a person who is going through psychiatric treatment, rather than incarceration. In such cases, it is possible that an attorney make a case for treatment instead of jail time.
What Should You Do If Accused of Child Molestation?
If there is any accusation – whether being made by a parent, child, family member, or any other third party – levied, then you need to remember that they are very serious.
The accusations can result in investigation and the child might be referred to a protection agency or child welfare, and there is also the possibility of criminal charges against the accused.
The accused can also be suspended or fired from their job. The response of the accused after the accusation is going to have a huge and permanent impact on the case.
Avoid Making any Statement
If you are questioned by someone you know personally, an investigator with a public agency, your employer, or even a law enforcement officer about the accusations of inappropriate sexual behavior with a child, then you should not make any statements or engage in any conversation discussing the matter until you have talked with an attorney. You have the right to remain silent under the U.S. and Idaho State Constitutions. If you speak, however, what you say can be used against you. Often times people think they will appear guilty if they do not talk to the police, if they exercise their right to remain silent, or if they ask to speak to an attorney; however, it is the law that exercising the right cannot be used against you at trial. Although the police may be unfair and use it against you in the short-term, the long-term consequences are the most important; therefore, it is important to stay quiet and speak to a Boise Molestation Defense Lawyer.
The statement you thought was innocuous, might be implicating you, for example when you say you did not touch the child inappropriately, it can be interpreted that at some point you were with the child. This alone can be used against you.
If your employer or their representatives such as an administrator, supervisor, or human resource questions you and your fear that you might be fired if you do not respond to the question immediately, then use your judgment and decide if you are going to do it without talking to an attorney.
This can be a very tricky situation because the employer can turn the statement to the child welfare department or law enforcement, but can also fire you if you fail to respond. The best way to protect yourself is to contact an attorney the moment you hear about anything, even if it is still a rumor.
Immediately Consulting a Boise Molestation Defense Lawyer
The moment you learn about the accusations, even if they are still rumors, make an effort of contacting an attorney so they can advise you on what you can do. There is an attorney-client privilege that protects the private conversation between an attorney and a client.
This means the things you have talked about with your attorney are confidential cannot be shared with anyone else and cannot be used against you during the case. The attorney is going to advise you and also communicate on your behalf if someone is contacting or trying to question you about the accusations.
For example, you are a teacher and you have been contacted or questioned by a parent about behavior with the child and they accuse you of sexual contact and threaten to call school administration. The attorney is going to start by contacting the school administration before you are questioned. The attorney will handle the matter on your behalf, and you are not going to find yourself in the uncomfortable position of getting questioned by any individual (principal, administrator, police officer, etc.) before talking with your attorney.
Important Steps to Take
If there are false accusations of molestation with a child in the city of Boise, or other location in Idaho, then it is important to call a lawyer who may counsel you to take some of the following steps:
- gathering and preserving any physical evidence related to the alleged victim and the relationship you have with the victim (videos, photos, clothing, and objects)
- gathering and preserving any documents or records relating to those accusations like emails, letters, or records showing the place you were at the time of the incident (this is important when there is an allegation of a given incident and you believe that you were not at the location with the alleged victim), GPS and phone record, and computer records.
- making a list of possible witnesses – anyone you think knows about the accusation, the child, or your relationship with the child – make sure you have obtained the contact information of these witnesses.
Be prepared to give the attorney this information. Contact us here at Hooper Law Offices so we can get started by scheduling an appointment.