Criminal Sexual Assault accusation made against me...

[darrell]

My ex-wife who is mentally ill and my 13 yr old son have falsely accused me of criminal sexual assault. There have been no charges files as of yet - the police informed me they turned the matter over to Department of Children and Family Services for investigation. I have not heard from DCFS yet as this all transpired on Friday evening - it is now Sunday evening.

My questions are as follows - do I lawyer up before I talk to DCFS? No charges have been filed.

What do I say to DCFS when they come to my home - if they do. I am involved in a visitation dispute with my ex-wife - she has not been sending the 13 yr old (although she always sends the 10 yr old - even THE SAME NIGHT as the accusations) so I have been preparing to take her to court - she knows this and seems to have retaliated with this measure. My 13 yr old son does have emotional issues and is in counseling - nothing of this nature has come out in couseling that I know of or I am sure I would have heard about it from someone before now.

I am unsure of how to proceed - obviously if charges are filed I will get a lawyer but should I before or cooperate with the investigation??

[socrateaser]

Get an criminal attorney and say nothing to anyone except on his/her advice. If DCFS comes to your door, tell them that you have nothing to say and that they will need to speak to your attorney.

[darrell]

that doesnt make me look more guilty?? no charges have been filed. can I listen to what they have to say without really answering much?

[socrateaser]

I have given you my best advice. I will not comment further on this in a public forum.

[darrell]

My ex-wife who is mentally ill and my 13 yr old son have falsely accused me of criminal sexual assault. There have been no charges files as of yet - the police informed me they turned the matter over to Department of Children and Family Services for investigation. I have not heard from DCFS yet as this all transpired on Friday evening - it is now Sunday evening.

My questions are as follows - do I lawyer up before I talk to DCFS? No charges have been filed.

What do I say to DCFS when they come to my home - if they do. I am involved in a visitation dispute with my ex-wife - she has not been sending the 13 yr old (although she always sends the 10 yr old - even THE SAME NIGHT as the accusations) so I have been preparing to take her to court - she knows this and seems to have retaliated with this measure. My 13 yr old son does have emotional issues and is in counseling - nothing of this nature has come out in couseling that I know of or I am sure I would have heard about it from someone before now.

I am unsure of how to proceed - obviously if charges are filed I will get a lawyer but should I before or cooperate with the investigation??

[socrateaser]

Get an criminal attorney and say nothing to anyone except on his/her advice. If DCFS comes to your door, tell them that you have nothing to say and that they will need to speak to your attorney.

[darrell]

that doesnt make me look more guilty?? no charges have been filed. can I listen to what they have to say without really answering much?

[socrateaser]

I have given you my best advice. I will not comment further on this in a public forum.