Proactive Representation Can Prevent Charges
Many of Ms. Muth’s clients retain her services during the investigation phase of a case prior to any criminal charges or CPS findings being filed. If you have been contacted by law enforcement or by Child Protective or Adult Protective Services and are under investigation, it is critical that you retain an attorney immediately to protect your rights. Ms. Muth acts quickly during this stage to contact law enforcement or CPS, investigate and present your side of the story, or counsel you on what to expect. As a result of her quick action, she has been able to avoid criminal charges or adverse CPS findings in several cases:
Rape Charges Not Filed
- Client investigated for third-degree rape charges following a sexual encounter on a boat with an intoxicated female. Interviewed client’s witnesses who corroborated client’s account and provided information to detective, which convinced detective not to refer case to the prosecutor for charging.
- Aggressive pre-charge investigation of sexual assault accusation revealed alleged victim had significant credibility issues and led to prosecutors declining to file charges.
Child molestation charges not filed
- Female client accused of sexually touching her foster son. Obtained mental health records of accuser that called accuser’s credibility into question. Provided package to detective, which convinced state not to file charges.
- Client accused of molesting daughter. Counseled client continuously throughout a year-long investigation. State declined to file charges after evidence uncovered that accuser recanted to family member.
CPS investigation closed as “unfounded”
- Client investigated for possible child abuse based on parental discipline. Assembled numerous documents for CPS describing parents as loving and caring and entirely appropriate in their use of parental discipline. CPS closed file as “unfounded” within two days of reviewing materials, without requiring a parent interview.