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YOUR INPUT
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He/She should have you outline a statement of the case and provide any social history.
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He/She should have you respond to the police report and social worker's report line-by-line for his own information.
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He/She should have you record all phone calls and/or conversations related to the case in which you are a participant, including those with witnesses and/or potential witnesses, and advise you how to do this legally in your particular state.
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INVESTIGATIONS
| Investigation should be conducted on every witness mentioned in the police report.
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| All school records of any alleged victim should be subpoenaed.
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| All social worker's notes, records, statements, interviews, case plans, etc., including case note memos to her supervisor, should be subpoenaed.
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| All psychological records should be subpoenaed.
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| The psychological background of the child should be looked at for a possible motive to fabricate the allegations, i.e., custody fight, get back at a professional, etc.
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WITNESSES
| If an alibi exists, then the alibi witnesses should be interviewed well before the trial.
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| All students, neighbors, etc., should be interviewed as to the character of the alleged victim for honesty.
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| Your attorney should have character witnesses ready to bolster your character.
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| Your attorney should have adverse character witnesses to attack the alleged victim's character for honesty.
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EXPERTS
| Make sure your lawyer knows that there is now a government MANDATED protocol all physical exams are to follow, and make sure your lawyer makes certain it was followed in your case.
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| Your attorney should find a medical doctor who is willing to review the physical report and photos, if available, to be ready to testify that it is not consistent with molest, or that there could be some other just as likely cause.
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| Your attorney should be prepared to fight the introduction of the Child Abuse Accommodation Syndrome with cases such as the Kelly-Frye standard, and challenge the credibility and credentials of all prosecution experts.
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STRA TEGIES
| An organized outline should be prepared of all prior inconsistent statements which have been made by the alleged victim.
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| In any case definitely headed to trial, make sure your attorney has "handicapped the judges" and considered using any prejudicial background and/or affidavits for possible' motions.
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| Make sure your attorney uses charts in his closing argument to the jury in a jury trial, and, if a court trial, make sure the argument is well organized also, He should ask for at least the evening to prepare his comments before beginning his closing argument.
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| Your attorney should not be intimidated by an aggressive District Attorney or County Counsel, who will deal with your case like every other case. Make sure your attorney understands that this is the only case you have, and it is probably the MOST SERIOUS MATTER you will EVER face!
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| If you, as a client, feel intimidated to approach your attorney with these questions, then you have the wrong attorney.
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| If you have any concerns about your attorney, you should identify another attorney from whom you can get a second opinion on retainers, rates, costs, fees, investigators, strategies, options, and legal issues. The earlier this is done, the better in the long term!
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VOCAL NY acknowledges the assistance of WALLIN & KLARICH, a law corporation in Santa Ana, California, in the preparation of this handout.
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