Archive for the ‘NY Cases’ Category

posted by admin on Feb 8

Nichols Consulting has developed a special project in Syracuse, NY designed to assists in criminal and civil matters involving false allegations of child sexual abuse throughout Onondaga County.  Edward Nichols, LCSW has teamed up with appropriate defense lawyers to bring state-of-the-art services to upstate NY.

Central to the his work with attorneys, Nichols explains “In these difficult economic times it is critically important that defense teams use every possible avenue to keep the cost down while keep the quality of service up.”  Nichols is the author of False Allegations of Child Sexual Abuse which is available for download on the Nichols Consulting website.

Nichols is a consulting expert who has assisted in false molestation cases nationally for the last thirty years. Nichols claims, “It is a challenge to assist with inspired legal defense in upstate New York where few defense attorneys are used to working with national defense experts.”

Assistance for Syracuse area o rOnondaga county cases is available by calling 800.400.8886 which is a hotline staffed 24/7 for this special project.

posted by admin on Feb 7

“Hysteria” may be defined as the outbreak of feelings that greatly exaggerate reality. With respect to the subject of allegations of child sexual abuse, a certain measure of “hysteria” exists among child protective agencies, the courts, and a significant segment of our population. As a direct result of this hysteria, innocent parties are found to have perpetrated the sexual abuse of a child when in fact no such sexual abuse has taken place. This happens in civil cases in the context of domestic disputes, and increasingly, in criminal actions. Thus the false allegation of child sexual abuse has become a strategic weapon in the arsenal of some, and in other cases, persons of good intent have been seduced into the hysterical atmosphere that characterizes the false allegation. It is generally agreed that at least one-third of child sexual abuse reports turn out to be “unfounded”.

To be sure, children are indeed sexually abused, but there is only one word to describe the thinking of those who attempt to justify the conviction of the innocent - “hysterical”. Thus, it is very important to understand certain “principles” necessary to stem the tide of those whose zeal to “protect” children has begun to threaten the integrity of our system of justice - both in civil and criminal matters.

How is it that false allegations may prevail against the best efforts of the innocent client’s attorney? The seeds of this breach of justice are sown in three broad areas in which attorneys have failed to provide effective advocacy:

First, the public hysteria regarding the sexual abuse of children needs to be recognized and effectively addressed. This reality places upon the attorney a “special” burden of proof that addresses the dynamics of the emotional issues.

Second, the attorney must be an effective case manager able to initiate appropriate discovery activities, able to identify and preserve the critical “chain of evidence”, and able to manage the available financial resources effectively.

And finally, the attorney must be ever-mindful of the importance of the expert testimony. He or she must be skilled at identifying and using the appropriate research to organize effective cross-examination and to present effective and compelling testimony to support the falsely accused client.

From these factors Edward Nichols has distilled ten “principles” which may be violated only at great risk to the falsely accused:

[1] Though there is no legal burden to do so,  attorneys who are not prepared to “prove” the client’s “innocence” will usually have his client found “guilty”.

[2] “National research has shown that the most critical aspect of preparing a false allegations defense is the attorney’s “theory of the case”.

[3] Having expert consultation on both sides of a criminal case is the best way to convert a witch hunt into a search for the truth.

[4] The attorney who does not  get familiar with the specific forensic and psychosocial issues that need to be addresses in pretrial motions will not be prepared to try the case.

[5] The exact details of who has “interviewed” or “counseled” a child witness is a “chain of evidence” that can free or shackle the falsely accused.  This requires professional, clinical evaluation.

[6] There is an orderly relationship between “vigorous” discovery and the disposition of the case.

[7] Trying a case “on-the-cheap” will almost always produce a worse result than “negotiating”. To properly defend a false allegations case requires substantial resources.

[8] The expert able to explain complicated concepts with simple language will prevail over the expert with an impressive pedigree and a complicated manner.

[9] When cross-examining an adverse expert, the only safe question to ask is one that your expert will answer to the benefit of your client.

[10] The “reasoned and seasoned” expert will be more persuasive than the “hired gun” of any extreme.

[For complete details, see False Allegations Of Child Sexual Abuse: Attorney & Client Desk Reference, Section A: "The Principles of Successful Representation"].

posted by admin on Feb 6

Nichols Consulting has developed a special project in Utica, NY designed to assists in criminal and civil matters involving false allegations of child sexual abuse throughout Oneida County.  Edward Nichols, LCSW has teamed up with appropriate defense lawyers to bring state-of-the-art services to upstate NY.

Central to the his work with attorneys, Nichols explains “In these difficult economic times it is critically important that defense teams use every possible avenue to keep the cost down while keep the quality of service up.”  Nichols is the author of False Allegations of Child Sexual Abuse which is available for download on the Nichols Consulting website.

Nichols is a consulting expert who has assisted in false molestation cases nationally for the last thirty years. Nichols claims, “It is a challenge to assist with inspired legal defense in upstate New York where few defense attorneys are used to working with national defense experts.”

Assistance for Utica area or Oneida county cases is available by calling 800.400.8886 which is a hotline staffed 24/7 for this special project.

posted by Edward Nichols, MSW, LCSW-R on Feb 6

Any discussion of defending false allegations of child sexual abuse will inevitably lead to an analysis of the costs associated with legal representation.  Clearly attorneys charge at rates in the hundreds of dollars an hour, and clearly an effective attorney is worth his or her weight in gold.  The economics of false child sexual abuse cases, however, must be considered since many unqualified attorneys hold themselves out to the public differently.  As will be seen, a whole internet industry has developed targeted at securing child sexual abuse cases.

The specialty of criminal law is dominated by clients that fit two compelling profiles: First, they are not “innocent”; and second, they have few resources.  Most crimes are, compared to child sexual abuse, petty.  Most are misdemeanors.  Most are eventually pled to.  Most do not require great legal skill.  Most are not very “profitable” for the legal industry.

Even serious felony cases are often pled to, and when resources are scarce, which is often the case, public defenders are usually employed.

By contrast, in the average case of false allegations of child sexual abuse, the accused has no criminal record, is respectably employed, and usually has substantially more resources than most individuals accused of serious crimes.  For some attorneys this translates into: “There’s gold in them there hills!”

Before we go too much further, I am obligated to lay down this disclaimer:  In my over thirty years of professional practice I have had the pleasure of working with honorable, ethical and highly competent attorneys.  Many of them have become my friends.  The nature of my national practice is such that I attract the attention of some of America’s finest attorneys.  Attorneys who hire me are looking for the best they can provide for their clients.  They are motivated by the best of intentions and they tirelessly work to bring their client’s case to a successful resolution.  Obviously the remarks that I’m about to make about many “predator” attorneys do not apply to these fine attorneys.  In fact America’s finest attorneys are just as outraged as I am by the tactics of the “predator” attorneys.

Predator attorneys generally have a high-volume law practice filled with petty matters and numerous “associates” that grind out case after case.  They will usually take any kind of case and have no particular expertise.  Representing someone accused of child sexual abuse is a “grand slam” for this kind of attorney.  While their average legal fee may be a thousand dollars, they see your case as an opportunity to charge five or ten-thousand dollars – despite the fact that it may take five times that to actually try the case.

While it is not always true, it is often the case that these “bottom-feeding” attorneys will rent the  back page of the local telephone directory.  Their ads are on TV, billboards, radio and the internet.  Seemingly every community has their “high-profile” law firm.

Ask yourself the question: Would anyone hire a heart surgeon on the basis of his advertisements?  You would think that a good heart surgeon would not have to advertise – and you’d be right.

The economics of false allegations cases are so favorable to attorneys that these cases have attracted the worse of several professions (including my own).  While the internet can be a great resource for securing information and competent professionals, it can also be a means for predator attorneys to find their victims.  This can take several forms.

Perhaps the worse legal predators are the so-called “national law firms” that specialize in child molestation defense cases.  You will find the vast majority of these firms are located in California where laws governing lawyers are favorable to this enterprise.

Here’s how it works:  You see an impressive website and call an 800 number to speak to someone in California.  They put you in touch with a lawyer who tells you everything you want to hear, especially, “I think we can get this case dismissed,” or alternatively, “We just won a case just like this.”  You pay the California law firm a hefty fee and they call an attorney in your location who represents you.  They pay the local attorney pennies on the dollar, and he is “supervised” by the national “expert” attorney.  You go to jail!

To understand how these “national” law firms work you must understand that attorneys are able to charge other attorneys “referral fees”.  They are also able to hire other attorneys to “help” them.  They also must have a local attorney in order to practice in the state.  When you put all of this together, it turns out that these so-called “national” law firms are delivering the worse legal services at the highest prices.  What is more, one such firm went belly-up leaving eighty clients with local attorneys who were not getting paid.  The head of that law firm surrendered his license to the state of California!

The next most common scam is the child sexual abuse “expert” attorney who has tried these cases all over the country.  They will tell you all the states where they have tried cases.  You will learn all about their “national” experience. He will spend hours talking to you, calling you back, and “being concerned”. You will notice how he is “different” from the other attorneys you have spoken to.  What you will not be told is what prisons most of their former clients now reside in! Though this attorney may be “expert at being hired” across the country, his trial skills are sorely lacking.

Next comes the “specialist” lawyer who has had a good result with one high-profile case.  He or she will attempt to extend their fifteen-minutes of glory into a career – complete with TV interviews played endlessly on their websites. Call this attorney and he will want you to beg him to pay his outrageous fees!

Those who work nationally, either as experts or attorneys, know each other pretty well.  We know who the hard-working and reputable folks are. So now, having discussed the predators, the question remains: How do you hire and effective attorney?

Perhaps the best way is the way you would hire a heart surgeon. (Not a bad analogy since hiring an ineffective attorney in a case like this can end your life as easily as an ineffective heart surgeon.) If you were looking for a heart surgeon you would probably select one on the basis of a recommendation. As a consulting expert I have recommended attorneys that I have worked with to clients.  I have also found and interviewed attorneys for and with clients.

It is very difficult to fast-talk someone who has been in the field for thirty years and worked with attorneys from coast to coast.  By contrast, it is very easy for a predator attorney to tell a frightened client what they want to hear.

When it comes to hiring an attorney to represent you in defending false allegations of child sexual abuse, knowledge is power.  Educate yourself.  To learn more download the this E-Book.

posted by admin on Feb 5

Nichols Consulting has developed a special project in Albany, NY designed to assists in criminal and civil matters involving false allegations of child sexual abuse throughout Albany County.  Edward Nichols, LCSW has teamed up with appropriate defense lawyers to bring state-of-the-art services to upstate NY.

Central to the his work with attorneys, Nichols explains “In these difficult economic times it is critically important that defense teams use every possible avenue to keep the cost down while keep the quality of service up.”  Nichols is the author of False Allegations of Child Sexual Abuse which is available for download on the Nichols Consulting website.

Nichols is a consulting expert who has assisted in false molestation cases nationally for the last thirty years. Nichols claims, “It is a challenge to assist with inspired legal defense in upstate New York where few defense attorneys are used to working with national defense experts.”

Assistance for Albany area or Albany county cases is available by calling 800.400.8886 which is a hotline staffed 24/7 for this special project.

posted by admin on Feb 5

The suggestibility of children during a faulty interview process has been identified as an important factor contributing to false allegations of child sexual abuse.  Now, the Child Suggestibility Litigation Library puts at your fingertips the critical resource documents to demonstrate how to assert, establish and argue that suggestion has tainted the memory of the complaining witness and rendered the testimony unreliable – and thus inadmissible.  These critical documents – pleadings, exhibits, briefs and opinions – detail how two landmark cases were successfully argued to their respective state’s highest court. Additionally, there is a comprehensive national review of the state of the science and law in this area.

Available by instant Adobe PDF download, the searchable, printableLitigation Library is a must for anyone suspecting that suggestion may have played a role in the making of false allegations of child sexual abuse.

posted by admin on Feb 2

Locating an appropriate defense attorney to represent someone falsely accused of child sexual abuse in New York can be a very difficult task.  This is particularly true in upstate New York given its rural nature.

Nichols Consulting has developed a special program to assist in locating an appropriate attorney in New York.  Located in Central New York, Nichols Consulting is able to provide cost-effective services in the entire state of New York.

It is very important that the falsely accused find an attorney attuned to the special circumstances that surround those involved in these cases.  Nichols Consulting has worked with specialists in New York and stand ready to assist.

For assistance call 800-400-8886.  This number is staffed 24/7.

posted by admin on Feb 1

Nichols Consulting has teamed up with top criminal attorneys in New York to make state-of-the-art defense services available to those falsely accused of child sexual abuse.  Edward Nichols, a New York resident, is very optimistic regarding the upstate team’s ability to deliver effective services.  ”In these days of tough economic times, we have tried to deliver a high standard of services at reasonable fees,” said Nichols.

Those falsely accused are urged to call 800-400-8886 which is staffed 24/7.

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