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Falsely accused of slapping and pinching

Lake City, MN |

My friend is a retired Army nurse, and always greets her elderly, friend (in nursing home), with a "pat"
on the cheek, and a "love you" squeeze", on the arm. She's been accused of "slapping" and "pinching"
Is she entitled to a conversation, with the accuser?

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Attorney answers 5

Posted

Not necessarily. You don't state who is "accusing" her and in what venue. In criminal court there is a right to "confront' (i.e. cross examine) one's accuser.

The above is general legal and business analysis. It is not "legal advice" but analysis, and different lawyers may analyse this matter differently, especially if there are additional facts not reflected in the question. I am not your attorney until retained by a written retainer agreement signed by both of us. I am only licensed in California. See also avvo.com terms and conditions item 9, incorporated as if it was reprinted here.

Asker

Posted

A nurse aide, told her super, resulting in a "speaker phone" call, at friend's home

Posted

She is not entitled to a conversation with her accuser; instead she is entitled to confront her accuser. What this means is that if the case goes to trial she has the right to cross examine her accuser (which would be done by her attorney's questions at trial).

Any criminal allegation is serious, so it is highly suggested that she retain an attorney to help protect her rights....especially if she is being falsely accused.

I hope you find this information helpful. I wish you and your friend the best of luck.

Andrew Leone
612-356-2529
leonelegal@gmail.com

Posted

If this is an active criminal investigation, the possible consequences for talking with her accuser are serious. Your friend needs to get legal counsel to help her get through this. She has a right to confront accusers in court, but that right has been eroded by court rulings. A good lawyer can help her better understand the evidentiary issues around confronting her accuser.

Posted

You do not provide a context for your inquiry. However, in an employment context, the answer is "no." There is nothing that requires an employer to allow direct contact or communication with the patient unless such contact is provided for by contractual provisions (which would be unusual).

CALL 612-240-8005 for a Consultation. Disclaimer: Nothing in this email message creates an attorney client relationship absent a retainer agreement with this office. Any response to email inquiries should be considered general in nature and should not be relied upon as legal advice. You should always consult a lawyer in your state regarding your specific legal matter. Visit online at http://www.minnesotaLawyers.com

Maury Devereau Beaulier

Maury Devereau Beaulier

Posted

In a criminal context, in most cases, a restraining order would prevent such contact with an alleged victim while the case is pending.

Posted

Hello. As a general principle among adults in the U.S, conversations occur when both parties freely choose to communicate with one another. There is a right to confront an accuser, to question her/him, to cross-examine her/him in a court of law. This is known as the Confrontation Clause of the Constitution.

Minnesota licensed attorney

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