My husband is in jail with a 0,000 bond and if found guilty will face 25 years in prison. My ex made false reports claiming that my husband burned my four year old son with a cigarette and strangled him. There are no marks or bruises, but the police arrested him anyway because they got my son to say that my husband did it. Social services came by today and checked out my son, and found no physical evidence he was harmed. They also told me it is illegal for the police to arrest my husband with no evidence and by only taking a child’s word for it.
We are currently in a nasty custody battle, and I want them to pay for this. They are trying to take my husband away from me and already has emergency custody of my boy. How do I get them busted for false reports, and what will their punishment be?
Oh, and don’t tell me to call a lawyer. It’s a holiday weekend and there is NO ONE available for a consultation. My husband’s trial date for bond is early Tuesday morning. He was arrested yesterday evening. I have not been able to contact any lawyers.
If it helps, I live in Maryland.
Chosen Answer:
I am afraid the only thing you CAN do is “hire a lawyer”. I am NOT a lawyer, and this is CLEARLY NOT legal advice.
Bond hearing is just that, determine if your husband can be bonded out, and for how much.
If there’s no public defender assigned yet, your husband needs to raise the following points:
1) The testimony from your son is coerced, in your opinion. There should be a neutral party (like maybe, his teacher?) that can ask the questions that is acceptable to both sides in order to determine what is the truth. Police uniform can be VERY intimidating to a child.
2) Your husband has no prior records of violence (I sure hope not!), did not have a bad childhood, and was the sweetest guy on earth, and it’d be CRAZY for him to do those alleged things, then line up your neighbors and friends to testify that your husband wouldn’t hurt a fly (I hope!)
3) This is all a huge misunderstanding, you are in a custody battle, and you believe the accuser has “ulterior motives” in making these accusations. Call Social Services and have THEM file an affidavit as well that no marks were found.
and finally
4) You are a poor household and could not afford huge bonds, please be merciful and maybe offer electronic tracking and/or daily visit to police station in lieu of a large bond or something.
If there are still no public defenders assigned by the time his bond hearing is up, ask for a delay, since he’s unrepresented and he feels his rights may not be fully exercised. He may spend a few more days in jail, but that’s the way it goes.
