The Miami-Dade State Attorney's Office announced last week that a man accused of lewd or lascivious molestation
of a child, who was arrested on those charges earlier this year, would not be prosecuted at the present time because the charges couldn't be proven beyond a reasonable doubt.
The State Attorney's Office said that when the alleged victim was forensically interviewed, the victim was unable to provide adequate details about the alleged event.
The State Attorney's Office also said there was no physical evidence.
According to the State Attorney's Office, the alleged victim's mother had been fired from a job at the daycare center owned by the accused's wife.
This would have provided a criminal defense attorney
with the tools necessary to convince a jury that the victim's mother had a motive to persuade her daughter to fabricate the allegations in retribution for her being fired.
I believe that this is a wise decision. When reasonable doubt exists as to the guilt of an accused person, it is the duty of the prosecuting agency to terminate that prosecution.
Oftentimes, that decision does not come to the State Attorney all by itself. Intervention and independent investigation by a seasoned criminal lawyer can help exploit the problems of a case, which may in turn lead to the State's decision to drop the charges.
If you or a loved one are facing criminal charges in Miami-Dade or Broward, call me