If you or someone you care about is being investigated or has been arrested and charged with “Child Molestation”, the most important first step you can take is to say nothing. Police detectives have advance knowledge of this type of case and know what questions to ask. You may hear them say, “We are only trying to help you” or “your cooperation can only benefit you”. Do not get caught into this well planned trap laid-out specifically to catch YOU. Invoke your right to remain silent. My experience in the representing individuals who have been formally charged or are being investigated for child molestation, has led me to draw one very significant conclusion, which is “I could have had the charges dismissed or significantly reduced had they said nothing to the police”.
I understand that the mere accusation that you have molested a child will be the single most embarrassing moment you will ever face. That said, we can now put the issue of embarrassment behind us and focus on the more important issue, “your case”. David Welch and his staff believe deeply in you, your case and foremost your innocents. Under the eyes of the law, you are innocent until such a time that a jury of your peers has proved you guilty. It is my job to hold the people to the highest standard of proof by forcing the police and prosecuting agency to turn over any physical and testimonial evidence they have. In many cases, by pushing this issue, the prosecutors have come back to me and admitted that they have no physical evidence that child molestation has occurred.
Your reputation is also largely at stake, not only within your inner circle of friends but with your neighbors and employer. Depending on amount of victims you are being accused of molesting and the nature of the molestation, the media may very well pickup your arrest and broadcast it. If this happens, the media for the purpose of sensationalizing your case and boosting their TV ratings, will present you in such a negative matter that you will be convicted before you ever goes to court. David A. Welch is an attorney who is willing to stand before the cameras and provide the alternate view to the case, the view of your innocence.
Defending an individual accused of Child Molestation will involve obtaining evidence that has been accumulated during the pre-arrest investigation of the case. The items will commonly begin with an inquiry made by the local child protection agency. A written report will then be generated which will be referred to the local police department. At this time, a second interview will be conducted which will involve the parents of the alleged victim, the reporting party, witnesses, etc. If the evidence supports further investigation, a forensic interview will be set where the alleged child victim will be questioned by a child social worker who has been trained in obtaining admissions from children in these matters. This forensic interview will be recorded on video and ultimately be presented as evidence along with all the preceding reports to the District Attorney's office.
As streamline as this process appears, I have found there to be a large margin for error on the part of the investigation. The errors often come in the form of contradictions and inconstancies. Because there are so many levels of investigations, which involve so many different individuals, the story of the individuals involved, tend to change during the process. This weakens the prosecutor's case and leaves your defense with room to discredit the witness. Another common error is during the forensic interview. Perhaps out of frustration of the interviewer / social worker because the admissions of the child are not supporting charges of molestation, the interviewer may lead the victim or in extreme cases, provide the victim with the answers they are looking for. This type of error may be just enough for defense to get the entire case thrown out.