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Can you get convicted if never investigated

Rome, GA |

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...

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Attorney answers 5

Posted

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.

Asker

Posted

his widow was the one who abused the children, she was the custodian not him. kids were removed 7/2010. during that time she was trying to get them back, they were her cousins, & were in the system from prior abuse from their bio parents, almost a year after trying to get them back her and spouse were arrested. out on bond, she died 3 months later after telling the lawyer she abused the children ( spanking and locking in rooms) her spouse was NEVER talked to by anyone since his arrest, never went to court or anything. Now his new wifes ex read the article posted from 2 yrs ago about the arrest, tried to keep the child away from his new wife. And it couldn't be done, isn't it due process for DFCS to question within a timely manner when abuse is brought to them. How can they come back 3 yrs after the children are moved, and 2 yrs after the arrest. FYI DCFS was all over his widow for medical neglect and emotional abuse during the time the kids were in the home. And with a "new complaint" they never investigated. If they were going to be all up in it for medical neglect from her and then told he touched one of them, why wasn't he investigated. ONLY arrested let out on bond and NOTHING has happened since..until now

Posted

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.

Asker

Posted

he has no money for an attorney. Isnt it possible that this will be dropped since he was never investigated and it was dead docketed, Don't they have to investigate. I am confused since he was NEVER the subject with DCFS only his widow was. He don't even live in the same home or have any of their belongings. When the children were removed 7/2010, DCFS never came back to the home to get their personal belongings. After the arrest almost a year later, DCFS never came to the home.

Posted

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. www.marshlaw1.com troy@marshlaw1.com

Asker

Posted

With all due respect, how is that possible. Wouldn't the be a violation of his constitutional rights to a fair trial and due process?!... If that were the case then anyone on the street can go into a court room, state something happened and BOOM prison. That is why we have police, child advocates, judges, lawyers...and rules to follow in life. I know this man is innocent, and if they take this to trial with NOT having any evidence, investigation, or proof it will cost the state of Georgia a lot of money to prove that he was never the subject of concern with these children, it was in fact his wife, who admitted it to her defense attorney 3 months before she passed. With all the documents that he has dealing with the children, (keep in mind they were already in the states custody due to the prior abuse from their bio parents) and it has been stated that court in hindsite now sees the childrens special needs were not give to them in its completeness nor were the assessed completely to have been able to give them what they needed. I hope the public defender will be able to get this dropped. There is no money or assets to pay a defense attorney .

Troy Windel Marsh Jr.

Troy Windel Marsh Jr.

Posted

It is possible because there may be other evidence, besides DFCS personnel or law enforcement officers, that is sufficient to prove guilt beyond a reasonable doubt. Circumstantial evidence is sufficient to prove guilt beyond a reasonable doubt. Without getting bogged down in principles of constitutional law, his right to a fair trial and due process do not depend on there having been an investigation by DFCS or questioning by the police.

Asker

Posted

thank you for your time. there isn't any evidence. and with DFCS already being involved with the children, they would have investigated. I am a former foster child from GEORGIA. and I know how serious child abuse is taken in Georgia. With that being said, I find it hard to believe that 3 yrs after the children left the home, and 2 yrs after the arrest, that this wasn't important enough to question him before now.

Troy Windel Marsh Jr.

Troy Windel Marsh Jr.

Posted

You're very welcome.

Posted

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 www.SteakleyLawFirm.com or (404) 835-7595. The initial consultation is always free for Avvo users.

Asker

Posted

he spent all he had to bury his first wife, when she hired the defense attorney, she told him that she was the one who emotional abused and medical neglected the children, I would assume he would have gotten that in writing, when he was notified of her passing, he told the spouse that he was "screwed" because she was the one to clear him of this. With that being said, she passed 3 months after the arrest were made on the both of them. HE WAS NOT ever questioned by the police or DCFS at anytime. The case sat for a year, when he inquired about leaving the state, that attorney told him he could and that he needed to follow the conditions of the bond, which were to not have any indirect or direct contact with alleged victims. He got with his current wife 9/2012 and she was going thru a divorce, which her ex used this pending case to try and gain custody of their 7yr old. All he did was denied by a judge. His new wife NEVER lost custody nor was her home ever investigated as to the safety of her daughter. We know that GA takes these things so very serious. That is why it is unclear as to why NO investigation was done. We understand it taking a long time for trial etc., but how can someone possibly be facing prison time without due process of proof, evidence, investigation, and he has no history of any violence of any type. The Children were psychologically examined and never stated of any of that behavior, they only stated they were spanked and locked in rooms, that his widow admitted to. That Dr's testimony records have already been filed back in 2011. He will have to get a public defender, there is no assets to be sold or anything for a defense lawyer. Anyone do pro-bono?

Posted

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.

Asker

Posted

Thank you for your time. Yes, I agree that there had to be some type of investigation. However, he was never talked to by anyone, nor was his family. And with that being said, his new wife was going thru a divorce. This case was brought to a judges attention and a GAL due to her ex husband trying to keep her 7 yr old away from her. We know for fact, that if any thing was able to be used concerning this case, his new wife would have been investigated by their local DCFS office etc. That never happened. He has documentation from the DR that psychologically interviewed them etc, child molestation was never an issue. Only that they were spanked and locked in rooms, which his widow admitted to do doing. He was not the custodian of the children, only his widow. Keep in mind these children were in the states custody prior to coming to his home with a serve history of abuse in all the aspects of child abuse. For the 2 1/2 yrs the children were in the home, there was a constant flow of workers, and agencies to try and help her cope with the children. Their prior abuse was well known to these people.

Asker

Posted

Also, there is no money for a defense attorney. He used all he had to bury is widow. All we know, is before his arrest he was never the concern of abuse to these children, only his widow was. He has paperwork on that. When the children were removed 7/2010, no one ever came back to the home for any reason. Almost a year later when the arrest happened, no one came to the home then either. In the 2 yrs since the arrest, he was never talked to by any one from any where. One with think, no matter how or what kind of investigation was conducted, he would have been questioned by someone...

Kirby Clements Jr.

Kirby Clements Jr.

Posted

As was said earlier, even if he had been interviewed, silence was better. You don't know what the police needed him to say. It could have been as simple as admitting that he was alone with the alleged victim. That would give him them evidence of opportunity. It was good that he was not given a chance to "tell his side" because no good comes from that. Sorry about his inability to hire a lawyer because he is really going to need a good one. .

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