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Can you get convicted if never investigated

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friend was arrested charged with child molestation, agg assault, & child cruelty. He was never investigated by DFCS or questioned by police. case has sat for 2 yrs, his previous lawyer believed it was on Dead docket (he was told that a year ago) friend went and got remarried- do you think his wifes ex husband could have got this off dead docket because they have a child? her ex tried with a GAL and pend in lite and it was all denied by a judge. Now friend has an arraignment hearing.

please read the additional information that I have posted under the comment sections to some responses... SOMEONE HELP THIS MAN.....our country is founded on due process and innocent until proven guilty...

Attorney Answers 5

  1. It doesn't really matter why the case was removed from the dead docket. Your friend needs to focus on getting the best defense possible.

  2. You need to hire a good criminal defense attorney immediately.

    The information provided in this answer does not create an attorney-client relationship. If you are interested in his legal services, feel free to call Chris at (303) 409-7635 at his law office in the Denver Tech Center. All initial consultations are free of charge.

  3. Yes. You can get convicted if never investigated by DFCS or questioned by police. He needs to hire the best lawyer he can afford. Quickly.

    Answers to questions on this web site are for informational purposes only and do not constitute legal advice. Unless you and Troy W. Marsh, Jr. have signed a written contract, Troy W. Marsh, Jr. is not your attorney, and you are not his client.

  4. Even if the police had tried to talk to him, he shouldn't have said anything. The less investigation, the better. He needs a lawyer ASAP.

    ↓ Mark this answer as "Helpful" or "Best Answer" if you like it. For more information, contact us at or (404) 835-7595. The initial consultation is always free for Avvo users.

  5. You should not confuse DFACS investigation with the law a enforcement investigation. There are a lot of different people investigating child molestation cases. The police did an investigation. The child was probably interviewed on video at the Georgia Center for Children (the so called forensic interview), the D.A.'s office probably interviewed the child and obtained medical records, if any, and more. No prosecutor is going to bring a child molestation case without having some sort of investigation. DFACS investigations are generally about custody and may help in the prosecution, but are not part of the prosecutor's investigation.

    Having worked as a sex crimes prosecutor and defended sex crimes cases, I can assure you, there was an investigation. Now the question is, "How thorough was the investigation"? That is the issue for a skilled defense lawyer. Your friend is going to need one.

    The information given is not intended to be legal advice and is based upon limited facts. No attorney client relationship is created and you should not treat the comments given as legal advice.

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