False Allegations Of Child Sexual Abuse. Edward Nichols
falsely accused of child sexual abuse, what follows are Frequently Asked Questions [FAQ’s] for “Attorneys” and for “The Accused”. You are urged to turn to the appropriate FAQ’s and read them carefully!
You will see how Nichols Consulting can help you with your case within your budget. Perhaps most importantly, you may learn how to avoid critical errors that may cost much more than money. All of this is available to you during your free initial consultation. At that time it will be my pleasure to explore with you the specific steps that need to be taken and how we can assist you in providing an appropriate and effective defense to the false allegations. I look forward to hearing from you soon!
Edward Nichols
For Nichols Consulting
607.563.8707
FAQ’s For Attorneys
How do good attorneys lose false allegations of child sexual abuse cases?
They believe one or more of the following deadly myths:
These cases are like any other criminal case.
Not true. While the standard of proof remains technically the same, juries expect you to prove your case, rather than just defend it. Fail to do so only at your client’s peril!
This is simply a credibility case.
You may show that the complaining witness has lied on numerous occasions, you may even show that she has a propensity to lie, the critical question is: Did she lie about the specific allegations? Research shows that juries believe that children generally do not lie about sexual abuse allegations. Changing this perception requires specific psychosocial techniques that are case-specific.
The prosecution does not have enough to prove this case.
National research shows that the prosecution does not need very much to “prove” child abuse allegations. If you do not present a plausible theory of the case that contains both internal and external consistency, you will likely lose the case.
I’ll counter the state’s expert by putting on contradictory expert testimony.
State’s experts are viewed by juries as champions of children and defense “hired guns” are viewed as apologists for pedophiles. Feed into this dynamic only at your client’s peril!
National experience has taught that the effective way to counter a state’s expert who proffers “junk science” is to make him the defendant’s witness through appropriate and informed cross-examination.
Moreover, the most effective strategy for dealing with adverse expert witnesses is through informed motion practice, particularly in the area of motions in limine and/or Frye or Daulbert motions. Nichols Consulting is on the cutting edge of national developments in these areas wherein forensics and the law meet.
I’ll show the jury that the complaining witness was influenced by others to make the false allegations.
Juries dislike conspiracy theories, judges hate them. The appropriate context to show that a young child was influenced by significant others and/or interviewers is in the context of a pretrial “suggestibility/taint” hearing [called by different names in various jurisdictions]. This emerging area of the law is recognized nationally. The caselaw is clear, and such a hearing holds great promise for limiting hearsay that often comes in under various “hearsay exceptions”.
Moreover, these pretrial hearings offer excellent discovery opportunities especially when coupled with informed and inspired Brady motions. Nichols Consulting is on the forefront of these proceedings.
These cases do not require any special expertise on the part of the defense attorney.
These cases are stacked against the defendant: Judges routinely rule in favor of the prosecutor on evidentiary issues. Often they ignore relevant caselaw that defense counsel must be aware of to defend his client effectively.
Juries, in the best case, are highly prejudiced against the defendant; and in the worst case, will convict unless you put on a compelling case.
Prosecutors get to try their case with the assistance of a department of social services, a child protection unit, and a cadre of homegrown “prosecution experts” all trained in sophisticated, psychosocial dynamics that feeds into the jury’s “perceptions” that have been tainted by public service “education”.
The cards are stacked against the defendant, unless the defense attorney decides to call in Nichols Consulting.
Why should I hire Nichols Consulting?
Suppose the department of social services, child protective services, and their lawyers and experts wanted to work for you and your client, would you accept their help?
That’s the kind of expertise that Nichols Consulting brings to the occasion, excepting that we are highly trained and motivated and real science and law are on our side!
Nichols Consulting consists of mental health and legal professionals all handpicked by Edward Nichols, the author of this book, and the founder of Nichols Consulting.
With over twenty years of professional practice behind him, Edward Nichols has worked as a protective caseworker, given testimony for social services, directed and supervised social service agencies, provided testimony for defendants nationally, and now, he heads the national consulting firm that can give you the advantage in defending false allegations. It’s like getting help from an “insider”.
When you call Nichols Consulting you will speak to Edward Nichols who takes a personal interest, and central role, in every case accepted. False allegations of child sexual abuse are the only cases that we handle. We are the national experts and our consultants are on the forefront of forensic and legal developments in the area of false allegations.
How much does Nichols Consulting cost?
Our professionals charge an hourly fee comparable to the hourly fees charged by attorneys and mental health experts nationally. We also perform many services on a flatfee basis.
In terms of the overall cost for the case, since our services most often reduce the cost of primary legal services, the overall cost of the case is about the same, or sometimes less?
Attorneys who are primarily motivated by how much they can extract financially from clients on a given case typically do not retain us. Attorneys who take pride in their work more typically do. Moreover, Nichols Consulting maintains a substantial national panel of referral attorneys. Attorneys who work cases with us often become our “go to” referral lawyers in their geographic area. So, in actuality, there is a financial incentive for responsible attorneys to retain us, and an obvious benefit to their clients.
During your free initial consultation an estimate of the cost of requested services will be given. Sometimes only telephone consultation and document reviews are necessary, sometimes Mr. Nichols and/or others will be dispatched to your location to assist.
What kind of cases do you accept?
While the bulk of Nichols Consulting caseload is criminal cases, we also accept civil cases and have been hired to assist in criminal appeals.
Many attorneys also hire us when allegations have first been made to assist in advocating for clients who may face a civil or criminal matter.
What specific services do you provide?
We provide comprehensive services that are customized to meet your specific needs. Our services may include: Initial case assessment and document review; The formulation of an effective theory of the case; Strategy development; Analysis of evidentiary issues; Analysis of investigative issues; Analysis of witnesses statements, reports and video and/or audio taped statements; Analysis of and assistance with motion practice;