Attorney Brad Sauer of the Law Office of Patrick J. McLain, PLLC is currently representing a client under investigation for child sexual abuse. The complainant is the client's adopted daughter, who has since reached adulthood, moved away to attend college, and had no contact with the family in over a year. No charges have been filed, but investigators have been thorough, going back years to interview people from nearly every stage of the client's adult life. Meanwhile, the client has been restricted from contact with his remaining minor children and has been living away from his home for close to a year.
Criminal Investigation Handled Alongside Family Law Issues
In this case, our client was not just facing a potential criminal investigation; he was also subject to protective orders barring contact with his children, and the state had moved to exercise custody authority over those children. A criminal investigation, a custody dispute, and a family law matter were all unfolding at once, each with its own consequences and its own timeline. Handling one case in isolation, without accounting for the others, could have caused lasting damage well beyond the criminal case itself.
Using a Coordinated, Calculated Strategy
Recognizing the overlap between these competing legal fronts, Attorney Sauer worked directly alongside the client's family law attorney and his spouse's attorney. Together, they made a calculated decision to turn over certain exculpatory evidence and to facilitate the client's testimony in the custody proceeding, a decision that carried real risk given the open criminal investigation.
Perhaps to no surprise, Attorney Sauer’s coordinated approach paid off. The state has since withdrawn its petition for custody, and the client's ability to communicate with and see his children has improved. The underlying criminal investigation remains open, but the client is no longer fighting blind on every front at once.
Patience, Perspective, and Timing
One of the more difficult lessons in a case like this is knowing when to act and when to wait. Legal issues involving a pending investigation are almost always urgent, but they are rarely true emergencies. A client who is tempted to make a statement or take action out of frustration or fear should remember that they will likely have another opportunity to do so later. They cannot, however, take back a statement once it has been made or undo an action once it has been taken.
It also helps to consider the investigation from the investigator's point of view, even when that point of view feels unfair or one-sided. It is rare, though not impossible, for a criminal investigator to pursue a case out of personal animus toward the person under investigation. Still, a thorough and prolonged investigation can certainly feel that way to the person living through it. Stepping back to consider how the investigation looks from the other side, however distorted that perspective may seem, can help a client and their attorney decide when to be proactive and when a wait-and-see approach serves the client better.
Facing a Complex Criminal Investigation? Contact Us Now.
Child sex crime allegations rarely stay contained to a single courtroom or a single legal proceeding. If you are under investigation for a child sex crime and are also facing custody restrictions, protective orders, or other family law consequences, you need a defense attorney who understands how these matters intersect and can coordinate a strategy across all of them. For countless people across the country, that has meant letting the Law Office of Patrick J. McLain, PLLC step in and defend them, just like we think you should do, too.
Before you make a statement or take any action on your own, contact us online or dial (214) 238-9392 to discuss your situation during a confidential consultation.