Question: Do I or should I talk to an attorney if a report was filed with department of child services that I had attempted to rape my 16 year old daughter? On January 8, 2014, they talked with my daughter about report. She said no it did not happen. I was told no charges issued insufficient evidence. On Thursday, January 9, 2014, police investigator came to my home with a report stating that I asked my daughter for sex and that they wanted to take polygraph. I agreed to take the test. Well today was the day of test. Police questioned me before test about me asking my daughter for sex. I told them that I didn’t, went on for two hours. They never gave me the test. Daughter still removed from home.
Answer: Yes you should speak with an attorney immediately. Due to criminal and family law issues, you may want to speak with a lawyer (or firm) that has knowledge of both areas of the law. Seeking the expertise of a lawyer does not speak to your innocence or guilt, however, they will explain your options, possible defenses, and how you can work to regain custody of your daughter. At this point it was determined that something did happen that was not in the best interest of your daughter because your daughter was removed from the home. Simmons Law specializes in criminal defense and when a person faces a police interrogation or criminal charges we recommend that you exercise your right to an attorney. Call us at 770-426-1957 if we can be of assistance.