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The Grand Jury Phase

by Paul Stuckle

Paul Stuckle and Ferguson
Attorneys at Law
A False Allegation Firm
1001 20th Street
Plano, Texas 75074
972-423-4405 (o)
972-423-3447 (f)
This email address is being protected from spambots. You need JavaScript enabled to view it.

"How can a child describe sexual abuse without experiencing it?"
- Any prosecutor, any County, any State, Everywhere

"The supreme art of war is to subdue the enemy without fighting."
- Sun Tzu, 'The Art of War '

"The burden of proof shifts in a chid molestation case. The old rules do not apply. The government cannot, by conventional methods, prove its case beyond a reasonable doubt. In reality the burden is on the defense to disprove the allegations beyond all doubt. One envisions Alice In Wonderland suffering the diatribe of the vexatious Queen of Hearts: 'Off with their heads !!! Unless, of course my dear you prove to my satisfaction something did not happen.'"
- Paul Stuckle

The best way to win a false child abuse allegation is to strike early and quickly. The defense has a golden opportunity to have the case dismissed at the grand jury level before facing a formal criminal indictment. Far too many lawyers advise against presenting evidence to a grand jury. This is a huge tactical blunder. Almost every client who fails to present a grand jury defense will be indicted. Almost every client who presents a thorough and aggressive grand jury defense has an excellent chance to avoid an indictment.

This article will proceed on the basis of the hypothetical fact scenario set forth below. All of the characters (other than the law firm) are fictional and any resemblance to any real person is purely coincidental. The fact scenario selected involves an adolescent stepdaughter who makes a false accusation against her stepfather.

(Please click the PDF File below to view entire article.)

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