Access to evidence, legal advice appreciated

[Eleven]

I am NOT a lawyer. My understanding is that discovery only applies if you have been charged. If its an ongoing investigation, good luck. Either way this dude NEEDS a lawyer yesterday. No matter what (guilty/innocent/charges pressed/case dimssied) the ex WILL be using this against him for her sole custody claim. I guarantee it.

 

[Q_Sertorius]

I am NOT a lawyer. My understanding is that discovery only applies if you have been charged. If its an ongoing investigation, good luck. Either way this dude NEEDS a lawyer yesterday. No matter what (guilty/innocent/charges pressed/case dimssied) the ex WILL be using this against him for her sole custody claim. I guarantee it.

Yes, discovery doesn’t begin until after the suspect is charged. He doesn’t have a right to the evidence until then. And in some state systems, that can be fairly late in the process.

 

[thinhorn_AK]

I am NOT a lawyer.

once you become a WKR, you can pretend to be one though.

 

[Matt5266]

Correct I was stating as if he was charged.

 

[Burnsie]

First thing I thought of was the Ex could have made the accusation to the police, knowing that even being suspected and/or investigated for CP would trash his chances for custody of his child. Custody battles can get vicious.