my husband was arrested apparently 2 of his nieces are accusing him of tickling them, dont they need more proof then this to arrest him? 1 accusation was over a month ago, and 1 was about 2 weeks ago. the girls are cousins, and the older one didnt say anything until the 4 year old did. they are both from different families within the family... also we have our own kids and no one has interviewed them or asked any questions. both examines came back fine with no signs of anything inapproperiate.... what types of jail time could happen, and do most cases like this when kids will talk do they go to a trial or jury?
Family Law Attorney
Child Molestation in the 1rst Degree is a Class A felony with serious implications attached. Because it is considered a sex offense, a Judge is not bound by normal sentencing guidelines. If convicted, your husband could face prison time, and upon release would be required to be registered as a sexual offender. Unlike most crimes, the evidence in sex cases often is only testimonial. This is not a case your husband should be attempting to resolve by himself. Consult with and retain an attorney right away, or, if he qualifies, apply for a public defender.
Criminal Defense Attorney
Sexual contact with a child under the age of 12 is child molestation in the first degree. Most of these cases are prosecuted with nothing more than a child's testimony of what occurred. If you husband is convicted of two counts of child molestation in the first degree, the law requires the judge to impose a sentence of life in prison, with the possibility of parole after he serves 67-89 months. The Indeterminate Sentence Review board decides at the end of that term whether he qualifies to be released. If you husband admits he committed these crimes and seeks treatment, the court can impose a shorter jail term on the condition he complete out-patient treatment for up to five years. These cases are the most serious and most difficult cases to defend. Your husband should retain a lawyer with experience in this area as soon as possible.