New Mexico broadly defines child abuse, but the term generally refers to any acts involving the neglect or abuse of a child under age 18. If the police suspect that you committed child abuse, intentional or otherwise, you can face charges and lose custody rights. Talk with a criminal defense lawyer as quickly as possible to defend child abuse charges while protecting your rights during the legal proceedings.
In this post, I share general information about seven tactics for defending New Mexico child abuse charges, including:
- Tactic 1. Preserve Compelling, Admissible Evidence
- Tactic 2. Maintain a Personal Journal
- Tactic 3. Do Not Make Statements to CPS Without a Lawyer Present
- Tactic 4. Cooperate Up to a Point
- Tactic 5. Understand Your Legal Rights
- Tactic 6. Hire a Criminal Defense Lawyer to Defend Child Abuse Charges
- Tactic 7. Get a Free Case Strategy Session Now
Let’s start by looking at the first tactic:
Tactic 1. Preserve Compelling, Admissible Evidence
You need evidence to defend your charges. However, obtaining it can be challenging and may require considerable resources. If you hire a legal defense team, they can demand the production of evidence from the prosecutor, conduct a defense investigation, preserve compelling, admissible evidence, and also analyze it for more information that speaks to your innocence.
Examples of evidence in a child abuse case may include:
- Social media posts
- Cell phone evidence
- Expert testimony
- Eyewitness testimony
- Medical evidence
- Photos and video
- Police reports
- Social worker’s notes
- Therapist’s notes
- Other relevant evidence
New Mexico treats child abuse and neglect charges seriously. Depending upon the facts and circumstances of your case, you will need every fighting chance to put yourself in a position to challenge the prosecutor’s case theory.
Tactic 2. Maintain a Personal Journal
Going forward, you should maintain a personal journal of any communications that occur between you, the other parent, and your child. Keep track of all messages, phone calls, pick-up and drop-off times, as well as any additional relevant information.
You should also record your activities with the child if you are still spending time with them. Keep movie tickets, receipts from restaurants and retailers, and other proof that can serve both as alibis and testimony.
Tactic 3. Do Not Make Statements to CPS Without a Lawyer Present
Child Protective Services (CPS) will lead you to believe that they are working to assist you when they may actually be building a case against you. CPS agents possess unique training to find direct or circumstantial evidence of child abuse. Agencies throughout the country are hypervigilant in prosecuting child abuse and violence cases.
As such, in most cases, you should avoid making any statements without your attorney present. It is better to have your attorney present at any meetings as well.
Tactic 4. Cooperate Up to a Point
When facing child abuse charges, the last thing you want to come across as is standoffish, aggressive, or uncooperative. It is for this reason that engaging the assistance of an experienced lawyer is imperative. We can help you navigate in-person and telephone dealings with CPS investigators, police officers and prosecutors working on your case. Protecting your legal rights and not making legal mistakes is imperative.
During investigations, you can refer these agencies and departments to your attorney. Our state and federal laws afford you this right without the implication of guilt. This strategy allows you to maintain a professional stance when dealing with the legal system.
Tactic 5. Understand Your Legal Rights
It can feel like you have few or no rights during child abuse investigations by police and criminal proceedings by prosecutors. They will likely even speak about you as if you are guilty. However, you must remember that you have legal rights and learning how to navigate them will help you achieve greater confidence as you endure the legal process.
Although you face child abuse charges, you have the same rights as any American citizen, such as remaining silent and receiving legal counsel. Your parental relationship with your children is too precious to risk, not to mention that your freedom and reputation are on the line. Take the time to learn exhaustively about defending New Mexico child abuse charges.
Tactic 6. Hire a Criminal Defense Lawyer When Defending Child Abuse Charges
Protect your loved ones from a guilty verdict’s residual consequences. There is too much riding on the line when facing child abuse or neglect charges, including your job, family, and future. Work with an experienced and tough criminal defense lawyer in New Mexico who carries a reputation for results.
Related Article: 5 Common Defenses to New Mexico Drug Possession Charges
Tactic 7. Get a Free Case Strategy Session Now
A Free Case Strategy Session with Grano Law Offices, P.C. is the most affordable and practical place to begin getting answers. As a child abuse defense attorney in New Mexico, Marc Grano can offer you his thoughts regarding your case as well as what strategy he might apply.
Schedule your Free Case Strategy Session now by calling (505) 426-8711 or message us online. We can meet by phone or secure video chat if you cannot meet at my Las Vegas, New Mexico office.
