False accusations causing my husband to be jailed for 20 years?

Question

I am also going to contact a lawyer but since it is 3:30 I thought I can hear your advice and experience as well while I wait.

My four year old son went to his father's and claimed that he was strangled by my husband today. I know this didn't happen because we were at a pork roast all day, and were outside the whole time.

The police stopped by and arrested my husband with a $500,000 bond, and also claimed there was a report made July 16th with photos accusing that my husband burned my son on the back with a cigarette. I don't know how that report was made, because the police never contacted us about this before AND my son was with his father on vacation during that time.

The secretary also told me that I voluntarily released custody of my son a month ago, but that never happened.

My son came to me from his father's a few months back and showed me a large burn mark on his belly. When I asked him what happened, he said his uncle (who is thirteen years old) was angry and burned him with a lamp. I confronted them about this and they said it was just an accident, and he wasn't burned on purpose. I never called the police or anything.

If I can't prove my husband innocent, he will be jailed for 15 to 20 years. I don't know what to do.

Answer 1

This is only my opinion based on what you've said...

It seems that your sons father (not your husband, correct?) could be making your son make these false accusations, in order for him to get full custody of him. Did you have a bad divorce with him?

So your son went to his father's house, and told his father that your husband strangled him? Strangled him today? But you were at a pork roast, and your son wasn't there? Correct? Do you have anyone that can defend you, saying that you were in fact there, and so was your husband?

Who has the photos from July 16th? Does it actually show your husband burning your son with a cigarette? What exactly was the photographs of? Have you seen them? Who's talked about them, the police or your son's father?

Also, you say that your son was with his father at that time? Where at? Can anyone defend you and say that your son was with his father at that time?

Did you ever take your son to the hospital after you discovered the burn that his uncle left him? If you didn't, there's a chance that your son's father can use that fact against you, saying that you noticed he was hurt but didn't take care of him. The fact that his uncle did it might not matter to the police, because, to them, if you were the one that didn't take him to get cared for it, then it's more of your fault... at least that's what I've seen happen in certain cases.

So yeah, it really sounds to me like your sons father is doing things to get you in trouble, so that he can have full custody of your son, and your husband will go to jail... If it's possible, definitely find out if anyone can be a witness for you and testify in court (if it goes there) that you were here on this day, and that your son was with his father on that day... you know what I mean?

Also, who is saying that your son will be taken away if you defend your husband? That's a bunch of bullcrap, I think.

Get witnesses, and collect all this information or whatever your son's father is saying, if he has actually shown you reports, just get whatever you can that could prove that he's the bad guy in this situation. He's the one that could end up loosing custody of your son... and it sounds like he needs to. Your son could also be afraid of him, so make some time where it's just you and him, and ask him if there's anything he needs to tell you about his father. Maybe have a tape recorder, in case he says something that could be used against his dad. But don't let him know you have it, and don't make him lie either.

I really hope everything turns out for the best for you, your husband, and your son!

Answer 2

I don't now where you live but someone is lying to you. You have a right to get a attorney and Get names of witnesses you can to go with you to talk to your attorney I would ask to see the police report and to challenge any one who made those complaints.Also I would have the officer who said he had a burn on his back see a eye doctor. I think if you are divorced from your husband he may be your problem he wants custody of your kid. If that is fact get him for filling out  a false police report and press charges on him also you have a lot you can sue him for. Talk to a attorney tell him what you think don't be afraid its you and your families life and  worth working for .I could tell you how to burn him but thats another story

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Answer 3

If there was no police report filed for some of the accusations, I don't see how they can even be available for court. Either that, or the police department is stepping out of bounds.

Answer 4

FYI, you probably know... if you decide to hire an attorney, let them fully represent you and don't agree or admit to anything or try to go into details about explaining...you're paying them to do all that for you. I really hope this works out for you. In the meantime, just brainstorm the recent events and sort everything out to explain to the attorney.

Answer 5

one and only thing you can do......get an attorney and take ONLY their advice

Answer 6

This would be a huge case of stepping out of bounds. You have every right to defend your husband as you have the rights to the best interest of your son. If you think your son is fabricating it, then you should be able to defend it. I would contact the state attorney general on this one.

Answer 7

A 4 year old cannot think in a rational way at that age and I can't believe this happened. What a joke, get an attorney. Your case won't take long before it is resolved.