Legal counsel needed

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This isn't really aviation related at all, but I know there are a few respectable lawyers on here who might be able to help point us in the right direction.

A few months ago we were visited by the local department of "family services," who were apparently following up on allegations that my younger brother had been "inappropriately touching" our nephew. Now, I am 100% certain that these allegations are false... and apparently "family services" has also ceased pursuing the case since we haven't heard a thing from them since. Earlier today, though, we were visited by the state police. Apparently someone has leveled an accusation against my brother, again. Only this time it has nothing to do with "family services." What makes this all so laughable is that my brother doesn't even have a driver's license. We know exactly where he's been pretty much every day of his life. So there's absolutely no doubt in our minds that whatever it is is, again, a false accusation.

My question is more about how compliant we should be with the investigation. Right now we don't actually know what the latest accusation is since they want to talk to my brother at the local PD. Are we obligated to take him (since he can't drive, although he is no longer a minor). If not, SHOULD we take him? Unfortunately the police were already allowed into the house to talk to him, during which my brother shared that he thought it was related to the "family services" incident -- which, apparently, the police were unaware of. Also, what kind of legal recourse do we have to fight back against whoever is making these accusations? I'm virtually certain that the same individual is behind both incidents since my brother's circle of contacts is so regular and so small.

And yes, my family is "lawyering up." I don't plan on using any information I get here to replace the need for a lawyer. I just want to get some intelligent input to get the gears turning.
 
- don't say nothing to nobody
- don't allow anyone to talk to your brother
- nobody enters your house without a warrant
- get the best defense lawyer in town
- do what your lawyer tells you to
 
And remember, the advise solicited here is worth every penny you are paying for it.



Seriously, go hire an attorney.

Keep in mind that I have absolutely nothing to do with hiring a lawyer. I can only advise the family members involved to get a lawyer. That said, the video posted by Steve Foley has already been useful in re-enforcing that he should NOT talk to the cops any more than he already has.
 
I am a lawyer. Read what Weilke wrote, above. Fully endorsed.
 
You do not need any advice. Your family is already doing the right thing and that is getting an attorney for your brother. You already know that a good criminal defense attorney will advise a client against speaking with the police.

Look I respect cops, I represent a few but they have a job to do and that job is not to help your brother. I always tell my clients that it is exceptionally rare that a person can talk themselves out of an arrest but exceptionally common for them to talk themselves into a conviction.

The one bit of advice I can give you that you may not know is that the attorney your family hires should have extensive experience in criminal defense law. Ask how many cases they have tried. Some folks think its important to hire a former prosecutor, that doesn't mean squat. Get a good experienced criminal defense attorney. There are attorneys who handel criminal defense matters but that is only a small portion of the work they do.

Best of Luck to your brother.
 
Also, what kind of legal recourse do we have to fight back against whoever is making these accusations?

A lawsuit for slander? Of course, you would have to prove that the person was making false accusations. Is it a crime to make a false report to the police?

Warning, the above is non-lawyer speculation!
 
Oh, and criminal defense attorney as 'the guy who handles the icky stuff' not the one with the best batting average on getting folks out of DUIs.
 
I hate these games people play can't we just shoot it out like the old days. Nobody ever wins except the lawyers

<---<^>--->
 
It sounds like you aren't directly involved in this matter at all -- that it involves your brother and his son. If so, the best thing for you to do is probably to keep it that way. You can give the suggestions above to your brother, but after that, your best bet is probably to stay out of the matter.

Also, keep in mind that unless you, too, are an accused in this matter, you do not have the same rights to counsel or silence as your accused brother. Witnesses can be compelled to testify even against their own brothers, and prosecuted for obstruction of justice if they refuse to cooperate.

Finally, you might want to also think about your nephew. Not saying your brother is doing anything wrong, but sometimes folks don't know the hidden truth about their relatives. If there's even the tiniest, slightest, merest chance that something improper is going on, your nephew deserves protection. As hard as it is to do, the best thing you can do for your nephew may be to let the investigation run its course without your involvement other than to provide appropriate moral support to both your brother and your nephew.
 
Witnesses can be compelled to testify even against their own brothers, and prosecuted for obstruction of justice if they refuse to cooperate.

Obstruction takes some affirmative act. Simply refusing to speak with law enforcement, by itself, is not obstruction.

Only a judge can compel you to testify.
 
This is a medical topic?

Good point.

My guess is the OP wanted to post anonymously without logging in, but there are only two categories under the "Confidential Subjects" where that appears to be possible - his one and "Lessons Learned."

Probably would make sense to have a "Legal Topics" category too. I'll ask the admins if they can add such a catehory.
 
Finally, you might want to also think about your nephew. Not saying your brother is doing anything wrong, but sometimes folks don't know the hidden truth about their relatives. If there's even the tiniest, slightest, merest chance that something improper is going on, your nephew deserves protection. As hard as it is to do, the best thing you can do for your nephew may be to let the investigation run its course without your involvement other than to provide appropriate moral support to both your brother and your nephew.
Ron and I agree on this point. Lawyer up, but also...don't stick your head in the sand. ANYTHING is possible. Jerry Sandusky proved that.
 
one thing that Ron had right is that if you aren't working for the attorney, you're a witness, so don't talk to the kid, stay out of the way of information, one way or the other. If he talks to you, and you talk to someone else, you might find yourself in court having to tell the truth.
 
one thing that Ron had right is that if you aren't working for the attorney, you're a witness, so don't talk to the kid, stay out of the way of information, one way or the other. If he talks to you, and you talk to someone else, you might find yourself in court having to tell the truth.

And?

If a nephew came to me with an accusation against my brother, I can tell you, without reservation, that I'd sell my brother down the river in a heartbeat. If something is happening, one party is the criminal and one is the victim.
 
one thing that Ron had right is that if you aren't working for the attorney, you're a witness, so don't talk to the kid, stay out of the way of information, one way or the other. If he talks to you, and you talk to someone else, you might find yourself in court having to tell the truth.

So it's ok to be a pedophile as long as they're your brother? I mean to tell you...people need to get their priorities straight.

Step 1: Make 100,000% sure that the kid is safe
Step 2: Everything else
 
If a nephew came to me with an accusation against my brother, I can tell you, without reservation, that I'd sell my brother down the river in a heartbeat. If something is happening, one party is the criminal and one is the victim.

If the nephew came to ME, no doubt I would do the same. If some schoolteacher kept making anonymous calls to DCS and the cops lobbing unproven second hand accusations, I would be in full 'circle the wagons' mode.
 
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