Indianapolis Child Molestation Defense Attorney

The most critical step is to remain silent. Do not speak to law enforcement, child protective services (CPS), or the accuser’s family without an attorney present, as your words can be twisted and used against you. Contact a specialized defense attorney immediately to intervene and manage all communications on your behalf.

Defense strategies often focus on dismantling the credibility of the accusation. We investigate motives for false allegations, such as custody disputes or coaching of the child. We also scrutinize forensic interview techniques for suggestibility, provide alibi evidence, and challenge physical evidence to establish reasonable doubt.

Penalties in Indiana are severe and depend on the level of the felony. A Level 4 felony (fondling) carries 2–12 years in prison, while a Level 1 felony (involving force or a suspect over 21 with a victim under 14) carries 20–40 years. Convictions also mandate registration on the Sex Offender Registry, often for life.

Yes, false charges are frequently challenged and defeated. Juries understand that false accusations happen, particularly in volatile family situations. We use expert witnesses, electronic records, and cross-examination to expose inconsistencies in the accuser’s story and prove the allegations are fabricated.

Under Indiana Code 35-42-4-3, child molestation is defined as sexual conduct or intercourse with a child under 14, or fondling/touching with the intent to arouse. The severity of the charge escalates based on the age of the defendant, the use of force, or the use of drugs/weapons during the offense.

Sexual misconduct with a minor (Indiana Code 35-42-4-9) typically applies when the victim is 14 or 15 years old and the offender is at least 18. While still a serious felony requiring sex offender registration, it is distinct from “child molestation,” which generally applies to victims under the age of 14.

You have the absolute right to remain silent and the right to an attorney. You are not required to consent to a search of your home, phone, or computer without a warrant. Exercising these rights is not an admission of guilt; it is a necessary protection against self-incrimination.

These cases are complex and typically take months or even over a year to resolve. The timeline involves discovery (evidence gathering), depositions of the victim and witnesses, pre-trial motions, and potentially a jury trial. We work to resolve the case as efficiently as possible while ensuring no stone is left unturned.

Bail for sex crimes is often set high, and for certain offenses, you may be held without bail until a hearing is conducted. Courts will also impose strict “no contact” orders with the alleged victim and potentially all minors. We advocate for reasonable bond conditions to secure your release pending trial.

Expect an aggressive investigation involving police and the Department of Child Services (DCS). They will likely conduct a “forensic interview” of the child, execute search warrants for your electronics, and attempt to interview you. It is vital to have counsel during this pre-charge phase to prevent law enforcement from gathering incriminating statements.

Yes, Indiana law provides a “Romeo and Juliet” defense or exception for consensual sexual activity between peers who are close in age (usually within 4 years) where the younger party is at least 14. This can sometimes reduce a felony charge to a lower offense or lead to dismissal, depending on the specific ages involved.

A conviction for child molestation or sexual misconduct with a minor almost always triggers a requirement to register on the Indiana Sex and Violent Offender Registry. Depending on the specific charge, this requirement can last for 10 years or be a lifetime obligation that restricts where you can live and work.

Expect an aggressive investigation involving police and the Department of Child Services (DCS). They will likely conduct a “forensic interview” of the child, execute search warrants for your electronics, and attempt to interview you. It is vital to have counsel during this pre-charge phase to prevent law enforcement from gathering incriminating statements.

Yes. The “pre-filing” stage is your best opportunity to impact the case. An attorney can interface with detectives, prevent you from making self-incriminating statements, and potentially present exculpatory evidence to the prosecutor to discourage them from filing charges in the first place.

The statute of limitations is very long for these offenses. In Indiana, prosecutors generally have five years to file charges, but this clock is often paused (tolled) until the victim reaches adulthood or reports the crime. This means charges can be filed many years after an alleged incident occurred.