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I’ve been falsely accused of child sexual abuse, what should I do?

This is a broad question, however, there are several important steps that should be taken in every case: [1] Retain a competent and affordable lawyer with specific training and experience in the area of allegations of child sexual abuse; [2] Educate yourself about false allegations; and [3] Have your situation assessed by Nichols Consulting, the national consulting firm founded by the author of this book, Edward Nichols.

Does it make any difference if I’m innocent? Can’t a good defense team help anyone?

Everyone is entitled to an effective defense. Everyone is not entitled to the services of Nichols Consulting. Nichols Consulting is a proven effective consulting firm, founded by a social worker, that can effectively assist those who are falsely accused. We therefore restrict our services to those who maintain their factual innocence.

How do I find a competent and affordable lawyer with specific training and experience in the area of allegations of child sexual abuse?

This is a critically important step in defending false allegations. That is why Nichols Consulting assists those falsely accused to find the right attorney, as a public service, with no charge.

By simply calling Nichols Consulting you can access the most sophisticated and comprehensive referral service of its kind. We have no “list” of referral attorneys. Each case is assessed individually and each attorney is assessed in the context of your case. Understanding the exhaustive process that we undertake on your behalf will help you to understand the importance of using our referral service.

Each request for an attorney referral gets the individual attention of our chief consulting expert, Edward Nichols. He will interview you by phone and assess your individual needs within the context of your case. When indicated, Mr. Nichols will consult with our panel of attorneys. Nichols Consulting employs consulting attorneys who stand ready to provide services and share their national expertise in the area of false allegations of child sexual abuse.

Once a profile of your needs is developed, our administrative staff begins the process of contacting qualified attorneys in your area. Each attorney is then interviewed by Mr. Nichols. Following the interviews and consultation among the Nichols Consulting staff, a referral is made to you.

What criteria does Nichols Consulting use in making an attorney referral?

We assess the level of an attorney’s experience in the context of our assessment of your case. This not only includes years of practice, but also, the number of false abuse cases, the number of trials, the number of favorable outcomes achieved, the number of pleas entered, and the number of guilty verdicts. Additionally, we assess previous experience such as public defender experience and/or experience as a prosecutor.

In order for an attorney to be appropriate for your case, he or she must be able to work within the parameters of the funds available. After making this determination, we will also assess the attorney’s billing practices including: his retainer agreement, hourly rate, flatrate, how fees are payable, and his estimated cost for representation.

Regardless of an attorney’s abilities and affordability, he will not be appropriate if his caseload does not permit him to dedicate the time that your case requires. Moreover, he must be available to you, to answer your questions and address your concerns. We assess the attorney’s availability to insure his appropriateness.

In order for us to make a legal referral we must be sure that an attorney has an appropriate background in the use of experts and consultants. False allegation cases routinely require the cross-examination of adverse experts, and sometimes, the employment of a defense expert. We insure that your attorney is appropriately versed in these critical areas.

Having assessed your situation and personality style, we will refer you to an attorney with a history of successful client relations. We believe that attorneys assisting those falsely accused need to be sensitive to the difficult emotional needs of their clients.

In order to properly represent you an attorney must be well versed in the winning strategies generally employed in false allegation cases. We will assess how your attorney will approach your case. We will insure that he is proactive by nature, structured, and well versed in the procedural matters that are common to false allegation cases.

In interviewing prospective attorneys we assess their work habits to insure that they operate within an organized, efficient, and structured professional practice.

Our exhaustive process insures that your attorney will be a competent, experienced, and hardworking advocate for you. What is more, we will insure that he or she is able to work within the context of your reasonable budget.

How are you able to do all this work for me without charging a fee?

Our national referral program brings us in contact with excellent attorneys from coast to coast. Since many attorneys are aware of our national work and reputation, they are eager to work on cases we recommend and will often retain us to assist in your case, often with no additional fee to you. It is always to our advantage to be part of the process that allows a falsely accused person to regain their life and reputation. That’s how and why we offer our national referral program to you with no charge.

How long will it take you to locate an attorney?

Typically we are able to locate an appropriate attorney within a week, often within days. By calling our New York office we can start the process [607] 5638707.

I have a lawyer but I’m not sure about him. How do I know if he will represent me properly?

The best thing to do is review the criteria that we use to select attorneys [above] and ask yourself if your attorney meets these criteria. In summary these criteria include: Proper experience, Ability to work within your reasonable budget; Appropriate caseload and availability; Proper use of experts and consultants; Good rapport with the client; Understands the proper strategies; and Good work habits.

Generally, if you have any question as to your current attorney, you should have him evaluated, i.e., seek a second opinion. You may do this by calling Nichols Consulting. We will explore your concerns and help you to resolve any questions that you may have about your current representation.

Are there “danger signs” that I should look out for that would signal that I may have a problem with my attorney?

Yes, if you are experiencing any of the following call Nichols Consulting for an evaluation:

Legal Fees The inappropriate attorney will not present you with a written retainer agreement. He will sometimes present a retainer “letter” that does not spell out the particulars of how you will be billed. Often such an attorney will say, “I’ve got to do [this and that]. Let’s see what happens after that.”

An inappropriate attorney will either not send you regular statements of your account, or if he does, the statements will not be itemized. Sometimes these attorneys will only send a statement when they are seeking additional money.

An inappropriate attorney many extract a retainer fee “to get started” and suggest that you have to “see what happens” in the case to determine fees. Be careful of this!

Office Management An inappropriate attorney’s office looks like it was hit by a bomb! Often he carries around little pieces of paper to remind him of what he must do. He is rarely on time. He will often be interrupted while speaking to you. He will not be accessible and he will return his calls, if at all, days after they were received. His office staff are stressed, overworked, and probably underpaid. In short, the inappropriate attorney is disorganized and has poor work habits.

Representation Style The inappropriate attorney is reactive. He waits for the opposition to make their move and then he reacts. He is like the football team that has no offense. His strategy? Let’s wait for the opposition to make enough mistakes for us to win.

Perhaps no other factor is more associated with disastrous results in false abuse cases! Cases involving false allegations of child sexual abuse require a proactive attorney. It is not enough to “defend” the client. Our national experience indicates that attorneys need to be running out of the blocks! They need to vigorously assert their theory of the case from the onset. Beware of the attorney who says, “Let’s see what the other side does and then we’ll see what we’ll do.”

Case Management The inappropriate attorney is not organized. He will work on one activity and then the next. He will run from one brushfire to another. He will generally spend much time doing “damage control” in the areas that he should have been working in the first place. He will not manage the case. The case will manage him!

Expert Consultation The inappropriate attorney speaks directly to God. He knows everything. He believes that his fast-talking rhetoric will “destroy” the opposition. He considers expert consultation to be a waste of money [Money that he can collect in fees]. He will ultimately not understand the expert strategies presented by the opposition. And almost always, he will not prevail in court.

Creativity The inappropriate attorney has a “formula” for trying your case. He fits your case into the way he likes to work. He is dogmatic in his approach. In contrast to the open mind of the appropriate attorney, the inappropriate attorney must “do it his way.” He has a major investment in his ego and advocates for his ego on a regular basis. When he loses his case, which is much more often than he will admit, he blames the judge or the jury. He tells his clients, “I don’t know what went wrong with that judge [or jury].” In fact, he rarely listens, he rarely considers the unique aspects of the case, in short, he is out of touch with the case.

Team Work False allegation cases are complex, pervasive, and extensive. Appropriate attorneys know this and have long become team players who rely on consulting experts, investigators, and all who can help in the development of an effective defense not the least of which is the client. As the trial date approaches the “team” is ready to go. An appropriate attorney will not hesitate to ask for help. He takes pride in this victories above all!

The inappropriate attorney is a solo act. When his client talks he hardly listens. He often seems preoccupied with other matters. He does not see the need for a team. He is the team.

Client Relations The inappropriate attorney works on a “case” without respect for the “client” whose life swings in the balance. He has little understanding or tolerance for the emotional turmoil and fears that the client faces. He keeps his client in the dark. He often considers those who are falsely accused to be “problem clients”. He has severed the human dimension from the practice of law. Often the client feels as if his sole function is writing checks.

If you have experienced any of these “danger signs”, call Nichols Consulting for a free initial consultation.

If I am having any of these problems with my lawyer does it mean I have to change lawyers?

It depends. Sometimes bringing in a consulting firm can get a lawyer on the right track. Sometimes bringing in another lawyer to “assist” will do the trick. Often you will either have to replace the attorney or ask him to assist another attorney.

Isn’t changing lawyers expensive and bad for my case?

There will be additional expenses associated with changing attorneys, but the expenses will not be nearly as great as losing a child sexual abuse case!

I am completely innocent, do I really have much to worry about?

Yes, because there are more false convictions in child sexual abuse cases than any other kind of case. This is because these kind of cases often rest on the unsubstantiated testimony of children with no physical evidence. Forensic experts, psychologists and social workers, provide testimony that bolsters the testimony of children based upon “junk science”. Attorneys, without the benefit of the true research and winning strategies, try these cases as “credibility” cases, and not surprisingly, the children are seen as credible and the falsely accused are often falsely convicted. And what is the most commonly used basis for appeal in a false conviction case? Ineffective assistance of counsel. Our national experience shows that the time to address “ineffective assistance of counsel” is before there is a false conviction. We are prepared to help you form an appropriate defense team.

Why should I have to hire a consulting firm, isn’t having a lawyer enough?

In every case where child sexual abuse is alleged the state has a department of social services and its special sex abuse units at their side. These are social workers and other mental health professionals helping the prosecution every step of the way.

Now if there were a department of social services with a special false allegations unit to help your attorney every step of the way, would you think your attorney should take advantage of this help? Of course you would, and you have also answered your question: Our consulting firm levels the playing field by giving both sides the benefit of expert consultation. What is more, since Nichols Consulting is on the cutting edge of the latest scientific breakthroughs in the area of child sexual abuse, we believe that we give you the advantage of being able to formulate and execute a case that cuts through the “junk science” most responsible for false convictions.

How much does it cost to hire Nichols Consulting?

In over twenty years of professional practice we have found that the consulting services we provide add nothing to the overall costs of bringing about a successful resolution to a false allegations case. That is to say, the work we perform dramatically cuts down on the work that your attorney has to perform.

America’s top litigators welcome our work in assuring that every forensic base is covered, that every psychosocial factor is considered in developing a theory of the case, and that every rock is turned over in formulating a case that can give you every possible advantage.

Other attorneys, primarily concerned about the fees that we are able to extract, do not welcome our services.

In many cases attorneys familiar with our work will retain us at no additional cost to you.

What if I want your help but my lawyer doesn’t?

Considering who will suffer the most if you lose this case, we would suggest that you do what you think is in your best interest. Attorneys who intimidate and strike fear in the hearts of their clients are, in our opinion, a disgrace to their profession.

How much should it cost me to try my case?

There is no generic answer to this question. It is dependent upon a great number of factors. We can, however, estimate the cost for you after you provide some basic information. This service is provided at no charge as part of your initial consultation.

When I call Nichols Consulting is my conversation confidential?

Yes, and protected by law. Mr. Nichols is a licensed social worker and psychotherapist. When you call our New York office your conversation is specifically protected by law.

If you are located in New York, do you have anyone to help me in my locations?

We are a national consulting firm prepared to be in your location within 24 hours if required. While we are affiliated with professionals around the country, we want every client to know that we attempt to use the appropriate staff to assist you on the basis of talent and experience not geography.

The author of this book and founder of our firm, Edward Nichols, will be involved in your case. Most often he will do your initial consultation, and where appropriate, he will travel to your jurisdiction. It is not our goal to provide the “easiest” service, but rather, we aim to provide the most effective possible service within your budget.

When should I call Nichols Consulting?

At the earliest possible stage. As soon as you find out that you are accused is the best time.

It is much more effective to prevent costly errors than to correct them. Call as soon as possible.

I have just found out I’m accused and the social service people will be coming over, what should I say to them?

Tell them that you have nothing to hide because you have done nothing wrong, but you wish to retain an attorney who will contact them.

Do not answer any questions. Politely end the conversation.

The police told me they want to interview me. I’ve done nothing wrong. Shouldn’t I cooperate?

Absolutely not. Hire an attorney. Do not speak to the police unless your attorney is present?

Innocent people often feel that since they have nothing to hide, all they have to do is tell the truth, and the police will drop the matter. Nothing could be further than the truth. Every time you speak to a police officer or investigator you are making a new witness who may someday be in court testifying against you. Police and other investigators have been known to testify to a version of the “facts” you never heard before!

What kind of cases does Nichols Consulting help with?

While most of our cases involve criminal charges, we also help in family court and other civil cases.

We are also retained to prevent criminal charges when investigations are being conducted.

In the last four years we have began accepting appeal cases where defendants have been falsely convicted of child sexual abuse.

We also assist in cases where social services has “founded” or “indicated” a case and a person wishes to have his name cleared.

If you have any questions regarding a particular kind of situation, simply give us a call.

I’m just not sure if my case is going right, what can you do to help?

We can give you peace of mind and a detailed game plan of how to proceed. We call this a case assessment. Here’s how we do it: First we interview you and review all of your documents. Usually we will then make a trip to your jurisdiction to meet you, your attorney, and all other appropriate individuals. Mr. Nichols will usually do this assessment, with a Nichols Consulting attorney, if appropriate. Our trip to your jurisdiction will usually be 23 days. By the end of the trip we will make an assessment that will include: An appraisal of the current defense team and suggestions for enhancement if appropriate; the formulation of an initial theory of the case; an initial strategy development; an analysis of the current evidentiary issues; and analysis of appropriate investigative issues; an analysis of witness statements, reports, and/or video or audio taped statements.

You will have the peace of mind and assurance of knowing what has been done, and what must be done, to maximize the likelihood that you will prevail.

How much does a case assessment cost?

The cost of a case assessment will vary depending on your case, your location, and the number of consultants involved. Simply call Nichols Consulting to get an estimate. Please know that our services are designed to be within the reach of the vast majority of those falsely accused. We even accept major credit cards! In most cases our services will actually cut the costs of your overall case. For those who have used the services of Nichols Consulting the question became: How could we afford not to use the national expertise of Nichols Consulting?

Beyond the case assessment, what other services does Nichols Consulting provide?

We assist your defense counsel with every phase of litigations. This may include: Analysis and assistance with the various motions that need to be put before the court; assistance in the cross-examination of adverse experts and factual witnesses; assistance in the cross-examination of the alleged victims[s]; securing and preparing defense experts and rebuttal witnesses; preparation of your witnesses; legal and mental health research; assistance in the preparation of opening and closing statements; jury selection; and other services that may be appropriate.

Remember, our consulting firm practices exclusively in the area of false allegations of child sexual abuse. We hit the ground running and efficiently and effectively form a winning team!

Do you provide expert testimony?

In the vast majority of cases we participate in, our assistance in cross-examining the state’s expert is all that is necessary. Besides saving you substantial funds, turning the state’s expert into yours is very effective.

When experts are required, Nichols Consulting is able to arrange for an appropriate and effective expert.

Occasionally, our founder, Edward Nichols, will agree to provide expert testimony. Though he is retired from providing expert testimony, he will agree to testify where [a] no other appropriate expert many be secured; [b] and failure to provide expert testimony is likely to result in a false conviction.

I was told that there are tests that I can take that will prove that I am innocent and the state will drop the charges. Shouldn’t I take these tests?

Sadly, no such tests exist, however, there is an industry that has emerged that attempts to persuade the falsely accused that these tests will solve their problem.

Think about it, if there were indeed such a test, based upon science, we wouldn’t need courts, all we would have to do is administer the test.

That is why so-called lie detector tests and other alleged sex abuse tests are not admissible in criminal courts.

For more information, call Nichols Consulting.