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Can my boyfriend use contact against the prosecution? : My fiance got arrested last week for sexual battery on a victim under 12 from accusations in 2013 and the allegations supposedly happened in 2008. These are from his ex wife and daughter. They claim he digitally penetrated her when she was 8 years old. His daughter called and had a controlled phone call with the police recording. In the first phone call he denied the allegations. In the second phone call he said I'm sorry that I hurt you. Since 2013 he has had contact with his ex wife on Facebook, they are Facebook friends and have had phone calls in the past few months. I am asking if these phone calls can be used against the ex wife and the messages? And also, are there grounds for dismissal being that he never confessed? He said he does not remember such acts happening and he said sorry to her to make her feel better and for not being a reliable father and that she feels that he hurt her. Can these records be used as grounds for dismissal as well?

Asked 12 months ago in Domestic Violence

Jody’s answer: Your boyfriend needs to get a criminal defense attorney as quickly as possible. Everything that he is doing will hurt him at trial. Even speaking with you about the case can and will be used by the State. There is no privilege that can be asserted between you and him.

Answered 12 months ago.

If someone pays child support, the child does not live with them are they entitled to claim the child as a dependent on taxes?: Include background information that will enable lawyers to answer your question.

Asked over 1 year ago in Family

Jody’s answer: That would have to be in a Court Order to allow the parent to claim that child. If there is no Court Order, than it comes down to where the child lived the majority of the time.

Answered over 1 year ago.

Is HB99 retroactive?: For hydrocodone trafficking?

Asked over 1 year ago in Criminal Defense

Jody’s answer: HB99 is not retroactive for Hydrocodone Trafficking. Please consult with an attorney to ensure that there are no other elements that may need to be addressed in your particular case.

Answered over 1 year ago.