KNOW YOUR RIGHTS
Most falsely accused individuals believe that since they have done nothing wrong, they only need to speak with the friendly police officer or the social worker, and everything will be fine. In a perfect world, this would be true, but unfortunately, child protection units are trained to believe that by denying the crime the accused is either lying or "in denial". These individuals are trained to believe the allegation, rather than anything you can say. So here are some practical rules to follow:
1. DO NOT speak to the police without an attorney present. DO NOT go to the police station to offer a statement, as they will not require a warrant to place you into immediate custody.
2. DO NOT invite law enforcement or social service personnel into your home without a warrant. Be firm, and state that they may call your attorney, and that you have been advised that you do not have to let them in. Once you let them in, you waive your right to the provision of a search warrant. IMMEDIATELY contact an attorney.
3. DO NOT take a polygraph if offered by the agencies. Tell the agency, if offered, that you have been advised of your rights and choose NOT to take one at this time. You may take one privately through your attorney. Remember, polygraphs are not admissible in a court of law. If you take one by the state, they may place the result in their reports, and list it as probable cause for your arrest. Polygraph tests are highly susceptible to personal misinterpretation and error. If you choose to take one privately, be certain of the training and certification of the operator.
4. DO NOT attempt to contact the witnesses against you (this includes the child). To do so will cause the state to look upon you as though you are attempting to bribe or threaten a witness/victim. Contacting the state's witnesses is up to your attorney and his/her private investigator.
5. DO NOT turn to drugs or alcohol during this period in your life. Such substances cause further depression and behavior that will only serve to make you appear guilty.
6. DO go attorney shopping (see Attorney Shopping for more information).
7. DO backtrack using receipts, photographs, videos, and witnesses of your location, travels, shopping, and family outings, and create a journal as to where you were, what you were doing, and who was with you throughout the year of the allegations. THEN maintain that journal on a daily basis.
8. DO request from your attorney a private independent investigation.
If the accusing child lived with you...
1. DO do a thorough strip search of their bedroom and check for diaries, notes, letters, magazines, and drug paraphernalia. Preserve your findings and provide them to your attorney for safe-keeping (ask your attorney about his ability to maintain your discovery, as some states require that the defense turn over all information to the state prior to trial. In this case, timing is everything as to when you supply such evidence to your attorney).
2. DO obtain any and all scholastic and medical records of your child from their schools and pediatricians. This will demonstrate your child progression in school and in health prior to the allegation.
If involved in a custody visitation dispute...
1. DO maintain records of all calls from your former spouse. If allowable by your state law, TAPE RECORD all conversations (Note: Be aware of your state laws. In a majority of the states and under federal law, as long as one person is knowledgeable taping is allowed. In some states both parties to a taped conversation must be informed of the taping. In conversations involving social workers or therapists assigned to your case, taping may be utilized for impeachment purposes).
2. DO have a witness attend your visitations with you, and if possible, video tape all visitations. This will protect you and your child from additional allegations.
This page courtesy of NASVO.