Accusations of Sexual Abuse of a Minor

My question involves child abuse or neglect in the State of: Arizona

I will try to keep this as short and simple as possible, and I'm sorry if this is somewhat explicit but it does concern sexual molestation of a minor. Based on a forensic interview of two sisters, aged 8 and 10, who were repeatedly asked by the interviewer where they were touched and what the accused was doing with his other hand, both girls pointed to an area around the pubic bone and was told the hand did not move, nor did the accusers other hand. The accused is charged with two counts of sexual molestation, AR-13-1410, "A person commits molestation of a child by intentionally or knowingly engaging in or causing a person to engage in sexual contact, except sexual contact with the female breast, with a child who is under fifteen years of age"? It goes on to describe;

"for the purposes of reporting," "sexual contact” means any direct or indirect touching, fondling or manipulating of any part of the body or by any object or masturbatory contact with the penis or vulva.” Ariz. Rev. Stat. 13-1401. “Sexual intercourse” means penetration into the penis, vulva or anus by any part of the body or by any object or masturbatory contact with the penis or vulva.” Ariz. Rev. Stat. 13-1401

A brief background, my brother is being falsely accused by his ex-wife of molesting his daughters. The reported abuse ocurred a year ago, but his daughters never mentioned it and "just remembered" about it. We were able to scrape together enough to hire a lawyer at a quarter of the cost of what all the other lawyers were asking (I know, you get what you pay for.) The lawyer we hired is now pushing my brother to take a plea, saying there is no hope at trial. Based on what my brother was charged with and the interview, not to mention that the State has come back with four pleas (they keep getting better), we believe the State does not have a case and would like to force this lawyer to do what we hired him to do, which is take the case to trial. We would just like a second opinion on our case as we don't know the ins and outs of the law and we can't trust the lawyer we hired. We've caught him in numerous lies and found out after the fact that he's been disbarred before.

Your brother should get his second opinion from a lawyer in his state who specializes in sex abuse cases, and who has the opportunity to read the police and forensics reports.

If you can't trust the attorney, obtain different counsel. You're probably going to have to have the lawyer obtain an independent expert review of the children. I don't know what other "opinion" you expect.

As others have said, there's no way anybody on this forum can 'advise' you on this topic. We don't have your complete story.

Seek out your second opinion from a lawyer.

And, do not take the changing offers as a weakness in the case. It may be that the state does not wish to put the children victims through the stress of a child and having to testify against their father. The state may have reached their best offer ... or, they may decide to withdraw ALL offers.

The defendant should review his options with another attorney if he wants that second opinion.

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Quoting Road Runner

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My question involves child abuse or neglect in the State of: Arizona

I will try to keep this as short and simple as possible, and I'm sorry if this is somewhat explicit but it does concern sexual molestation of a minor. Based on a forensic interview of two sisters, aged 8 and 10, who were repeatedly asked by the interviewer where they were touched and what the accused was doing with his other hand, both girls pointed to an area around the pubic bone and was told the hand did not move, nor did the accusers other hand. The accused is charged with two counts of sexual molestation, AR-13-1410, "A person commits molestation of a child by intentionally or knowingly engaging in or causing a person to engage in sexual contact, except sexual contact with the female breast, with a child who is under fifteen years of age"? It goes on to describe;

"for the purposes of reporting," "sexual contact” means any direct or indirect touching, fondling or manipulating of any part of the body or by any object or masturbatory contact with the penis or vulva.” Ariz. Rev. Stat. 13-1401. “Sexual intercourse” means penetration into the penis, vulva or anus by any part of the body or by any object or masturbatory contact with the penis or vulva.” Ariz. Rev. Stat. 13-1401

A brief background, my brother is being falsely accused by his ex-wife of molesting his daughters. The reported abuse ocurred a year ago, but his daughters never mentioned it and "just remembered" about it. We were able to scrape together enough to hire a lawyer at a quarter of the cost of what all the other lawyers were asking (I know, you get what you pay for.) The lawyer we hired is now pushing my brother to take a plea, saying there is no hope at trial. Based on what my brother was charged with and the interview, not to mention that the State has come back with four pleas (they keep getting better), we believe the State does not have a case and would like to force this lawyer to do what we hired him to do, which is take the case to trial. We would just like a second opinion on our case as we don't know the ins and outs of the law and we can't trust the lawyer we hired. We've caught him in numerous lies and found out after the fact that he's been disbarred before.

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I am a little confused. Did he get accused by his daughters or did they just say someone molested them? First you talk about they were interviewed and pointed out where they were touched and then you say that this alleged abuse occurred a year ago and now it is "just coming up."

Everyone else is right. Seek other counsel if you are unhappy with who you have right now. But this story just seems odd to me.

There can be any number of reasons why a legitimate report might be held for a year or even many years - especially when the abuse is committed by a close family member. However, accusations of physical or sexual abuse are exceedingly common in contested divorce and custody cases as well. Soooo ....

This is the sort of matter that must be carefully evaluated by an attorney who has access to ALL of the evidence and reports. But, if he truly did not do this then he should not plead guilty. But, only HE knows whether he did this or not.

OP has NO RIGHT to seek other counsel for her brother. OP is NOT the client. Brother is. Brother is the only one who can fire the attorney. I will also bet that the OP does NOT have all the facts as the OP would not (or should not) have been involved in all the meetings between Brother and his counsel.

Correct, all she can do is advise and assist her brother. Most of us framed our advice from the point of view of the person in trouble. Far too many "a friend of mine has this problem" posts to constantly write things with the extra level of indirection.

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Quoting cdwjava

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There can be any number of reasons why a legitimate report might be held for a year or even many years - especially when the abuse is committed by a close family member. However, accusations of physical or sexual abuse are exceedingly common in contested divorce and custody cases as well. Soooo ....

This is the sort of matter that must be carefully evaluated by an attorney who has access to ALL of the evidence and reports. But, if he truly did not do this then he should not plead guilty. But, only HE knows whether he did this or not.

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I get that happens. It just seems like two different stories is all.