Prior Questions from the Falsely Accused
Provided by Allen N. Cowling

The following are some of the questions and issues previously submitted to Allen Cowling and Cowling Investigations, Inc. We have included these here as a means of offering possible assistance to anyone falsely accused.

What can you do to assist me with a false allegation of abuse?

  • What we can do is carefully outlined under the heading on the main false allegation page, Our Expertise.

How long does an investigation of this kind usually take?

  • The average time required is outlined under the heading on the main false allegation page, Defense Cost.

How much does it cost to defend a false allegation case?

  • Information regarding fees can be found under the heading on the main false allegation page, Defense Cost.

What can you do to assist me if I was convicted based on a false allegation?

  • Information regarding our assistance in reversing convictions can be found at the link, Wrongfully Convicted on the main page and under the heading on the main false allegation page, Defense Cost.

How do I make sure that the attorney I have is doing their job properly?

  • Information regarding selecting a proper attorney can be found under the heading on the main false allegation page, Your Attorney. I urge you to read that information and the link Attorney Issues, specific to "Questioning a Prospective Attorney in False Allegation Cases." For the most part, your life will rest in the hands of your attorney and it would certainly benefit you to know if they are functioning properly.

I have been accused of abusing a child, but I have not been charged, arrested or indicted. Should I wait to see what happens before doing anything?

  • Waiting to see what happens following an allegation can be suicide for an accused. What exactly would you wait for prior to taking action, more accusations to surface? If you have any chance of stopping the allegation before it gets into the system and out-of-hand, do so. Anyone who tells an accused to "wait and see," lawyer or otherwise, does not have their best interest at heart. Begin a defense immediately. It could mean the difference between prison and freedom. I have seen a case where an accused, upon the advice of their attorney, "waited to see," following a single accusation. That single allegation suddenly became 14 individual charges and the attorney then recommended an eight-year "plea." Depend on the fact that a prosecutor does not "wait to see" what happens. Begin a defense at the earliest possible time. Never lose sight of the fact that the person who says "wait and see," is not the individual who will go to prison.

Are there any programs that will pay for your services?

  • To the best of my knowledge, there are no grants or funding projects available to pay the fees that we and other experts defending false allegations must charge. As a result, we must charge for our time and cannot provide Pro Bono services. We do realize, however, that not everyone is in a position of being able to afford a proper defense. They simply do not have the funds available. With those individuals in mind, one of our main goals in designing this website was to make it as educational and informative as possible, not simply a means of "selling" our services. There is no greater honor than to receive a telephone call from an accused or their attorney telling us that the information they obtained here was beneficial and assisted in an acquittal.

We desperately need your help. My son contacted you last year when he was being accused of touching his niece, but he had not been arrested at that time. You evidently told him that he could be looking at more charges and you were right. What started off was touching but when it was all over, he was looking at 7 different charges, including putting his finger in her vagina. When he originally talked to you, you recommended setting up a meeting between you and him, preparing his defense and, from what I understand, that included some kind of testing. My husband and I were financing my son's defense, so we discussed your recommendations with his attorney. He told us that what you suggested was a waste of time and money and would not help our son. Unfortunately, we did not know any better, thought he had everything under control and went along with what he said. Yesterday, our son's trial ended and the jury found him guilty. The attorney who represented him said he was surprised and did not see how the jury could have reached the verdict they did, but his surprise at this point is of no consolation to us. Our son is going to be sentenced in about two weeks after they prepare some kind of pre-sentencing report. His attorney said that we need to get another attorney if we want to appeal the conviction, because he does not handle them. Can you help us? Maybe if my husband and I had talked with you personally and you had explained to us what you did to our son, I would not be writing this today, but that is water under the bridge.

  • I am very sorry to hear about the conviction. I do remember talking with your son and was very surprised that I heard nothing else from him, but as you said, that is water under the bridge. You need to at least have a notice of appeal filed, whether an attorney does it or your son does it himself, Pro Se. Once the notice is filed, you will at least have time to determine the best avenue to take. Yes, we can help, but the problem is, at this point overturning the conviction will be far more time consuming and costly and much of what we would do now is exactly what we would have done a year ago. You son is innocent and that must be proven. One possibility would be to gather enough evidence to support his innocence, proof that was never made available during his trial, and petition the court for a new trial based on newly acquired evidence. If you want my assistance, I'll need to meet with you, study the entire court file and review any and all transcripts in order to know how best to proceed.

There are a lot of laws on your web pages. Are you an attorney?

  • No. I have been a private investigator for 40 years. I am experienced at preparing a defense for anyone falsely accused, consult on false allegation cases and assist individuals acting Pro Se, (without an attorney) in their attempts to have their wrongful convictions reversed.

I have been accused of molesting my 13-year-old step-daughter. After discovering your website, I wanted to thank you for the information you have provided. I do have one question. From what I read, it appears that you don't care for lawyers. Why not?

  • It is not that I do not care for attorneys, quite the opposite. I have the utmost respect for any attorney who is caring and mounts an aggressive defense for their client. There is no greater pleasure than to be associated with such an individual in a false allegation case. What I do have a problem with are the attorneys who profess to be experts in handling abuse cases when in fact, they have never been near one. That is called "fluff" or telling the client what they want to hear, regardless of whether it is the truth or not. Most of these attorneys, when retained, prepare either no defense or a haphazard defense that ultimately results in the conviction of an accused. A quality attorney has no ego. It does not always have to be "their" way. They work as a "team" with other defense team members, striving for one overall goal; defending their client. Their genuine desire is to obtain whatever assistance is necessary to properly do their job and are not ashamed to ask for help. I am reminded of a case, where the attorney for our falsely accused client, came to my motel room one night and spent 4 hours just discussing defense possibilities. What an honor it was for me to even have been associated with him. Our efforts in that particular case resulted in a complete acquittal for the client and, most probably, one of the biggest compliments we ever received. Following trial, the attorney told the client that he could never have gotten anyone locally to accomplish what we did and, even if he had been able to, it would have cost the client more than three times what he had paid us.

Why are there so many innocent people, facing false allegations, convicted?

  • There are many reasons. The desire on the part of a jury to "believe the child," or their thoughts that, "maybe it didn't happen, but just in case it did, I gotta protect this child." Some attorneys who tell a client "you cannot defend these cases." "You cannot prove that the child is lying." The totality of the defense consisting of responding only to the state's case. No aggressive motion practice to determine the specific testimony of the state's "experts." No preparation for dealing with the accusing child's testimony after they have been "coached" following multiple interviews. Not handling discovery properly. Defense preparation without experts. No real investigation of the facts. No serious analysis of the overall problem resulting in no real defense strategy. Failure to develop a defense strategy and then sticking to it. Defending the client haphazardly or in a panic as the eve of trial approaches. The list goes on, but basically, and in most cases, there simply was an inadequate defense.

I notice that you have an hourly rate and a daily rate. What is the difference? Wouldn't it be less expensive to charge me for the time you actually spend?

  • Not at all. Our working hours average 15 plus hours per day when not in trial and, during trial, the average can easily become 24-hours a day. Billing a client for actual working hours would be a significant increase over the flat-rate.

I am in the process of going to trial after being accused of sexually abusing my 3-year-old daughter. My attorney tells me that he is not worried. I asked him what experts he knew that could assist us and what experts he planned to talk to. He said we didn't need any experts.

  • Certainly not trying to second-guess your attorney's strategy, but depend on the fact that the state will use experts at trial and, under most circumstances, so should you. I would, at the very least, talk with someone experienced in defending false allegation cases and get their opinion as to the use of experts. It is "you" who is facing prison, not your attorney.

I talked with you about two years ago when I was facing charges and wish I had listened to what you told me. I didn't and took a plea because my attorney told me a year was a lot better than the 15 possible years I could be looking at if a jury found me guilty. When I took the plea, I thought it was the easiest way out, even though I was not guilty of anything. Now, I just had a civil suit filed against me by the parents of the child who accused me. It is actually the child who is suing me, but she is doing it through her parents. Can she do this? What do I do? Any suggestions?

  • Absolutely, it can be done and is being done more frequently in this country. Sad part is, no one thinks about it until they are forced to face it. As to suggestions, basically, you are back at square one. Your defense to the civil action is to prove your innocence, something you should have done regarding the criminal matter and didn't. Main problem now is, depending on the type of plea you accepted, you probably admitted guilt, regardless of whether you were or not. Since you may well have already admitted guilt, you basically gave them their case on the civil side and the only question left would be, the size of the jury award. I mean, based on your plea, they do not have to "prove" you did it. You told the court you did.

A deputy sheriff came to my home and told me that I was being accused of sexually abusing my brother's son about 10 years earlier. I was shocked because I had never heard anything about these allegations before the deputy told me. I told the deputy it never happened and he asked me if I would agreed to take a polygraph. I told him I would be happy to, that I had nothing to hide, and it was scheduled for the next morning. When the deputy left, I got scared, talked to an attorney and then hired him. He called the deputy and told him that he would not allow me to take the test.

  • The accused retained us to assist him and after discussing the matter at length, I talked with what I consider to be the most reputable, experienced and honorable polygraph examiner in his state, who also happens to be a police officer. In this case, I knew my client was innocent, knew that he would pass a polygraph and wanted an examiner whose results would be accepted, without question, by law enforcement and the prosecutor. I met with the examiner, discussed the matter thoroughly with him and scheduled a test for my client. I then met with my client again and thoroughly prepared him for the testing. He took the polygraph examination and passed with flying colors. The results were presented to the investigators and the prosecutor. All charges were dismissed as unfounded. His attorney was never advised as to what was taking place, especially since his theory was, "let's wait and see what they have." We were told by the prosecutor that when the client originally agreed to take the test and then, the same day, refused, that was a signal to them that he had something to hide, was guilty and they were preparing a full-scale investigation.

My husband and I talked with you last year just before he went to trial. He had been charged with abusing his daughter by a previous marriage. When we discussed our case with you, you recommended that we talk to another lawyer about representing us. My husband decided not to, because we already paid the lawyer we had so much. Well, to make a long story short, he was convicted and sentenced to serve 12 years. Is there anything you can do now to get this turned around? The lawyer we had did file an appeal, but I read it and it really doesn't say anything. We have no place to turn. Can you help us?

  • First, I am sorry for the conviction and wish it had worked out some other way. As far as assisting at this stage, it would depend entirely on determining "why he was convicted" and then using that fact, or newly acquired evidence as a means of petitioning the court for a new trial. Unfortunately, anything at this point would be far more difficult and time consuming than it ever would have been had you prepared a proper defense prior to his trial but yes, it can be done.

I was accused of sexually molesting my step-daughter. The prosecutor told my attorney that all charges would be dismissed if I would agree to submit to a polygraph and passed. I did take a polygraph and failed it. Now the one accusation against me has turned into 14 separate charges.

  • The accused failed the examination, not because he was guilty, but because he had been "programmed" by his own defense attorneys to believe that he had done something wrong, when in fact, he had not. Unfortunately, no one, with any experience, de-programed him prior to testing. If they had, he most probably would have passed the polygraph and completely avoided any additional charges. We were retained, but got involved too late to prevent the matter from going to trial. He was acquitted of all charges.

I have been falsely accused of abusing my daughter. Do you recommend and is it legal for me to tape record conversations I have with people as I am going through this?

  • Absolutely, record everything possible. Could be your only salvation and certainly could mean the difference between prison and freedom. Each state has it's own laws regarding recording. Most states are known as "one party" states, which simply means that if one party to the conversation is aware that it is being taped, there are no laws being broken. In those states, you are not obligated to tell the person you are taping that the conversation is being recorded. In "two party" states; however, both parties must be made aware, so obviously, you cannot record the conversation without letting the person you are taping know that they are being taped. To determine which states are "one party" and which are "two party," see Laws on Recording.

I have been charged with sexually abusing my daughters. In preparing a defense, I went to another state and submitted to psychological testing and a penile plethysmograph. I passed everything and thought I was home-free. My attorney tried to get the test results admitted into evidence, but the other side objected because they said there was no scientific validity to the tests and also objected because I went to another state when the same testing was available in the state where I live. The other side won, nothing about the tests could be used.

  • This is one of the most controversial subjects dealing with false allegation. It should not be a requirement that an accused take any "testing" to prove their innocence, yet in these cases, those tests often mean the difference between guilty and not guilty. It is not the tests that are a problem, but the manner in which they are handled. We use testing frequently to benefit our clients, but most probably use the results differently than most anyone else. As an example, a client in Chicago had been accused by his wife of sexually molesting his daughters. We were retained, prepared a defense and all charges were dismissed as unfounded. The client was then awarded temporary custody of the very daughters he allegedly molested and the accusing wife was granted limited and supervised visitation and ordered to pay child support. Realizing that the wife's attorney would probably file a motion asking the court to order the client to submit to a psychological examination, I had him tested thoroughly out-of-state. The tests included a battery of psychological tests, sexual preference, polygraph and drug screen. He passed everything perfectly. We did not advise his attorney of the tests or the results and the report was sent to me, not to the client. Sure enough, as expected, and based on the wife's attorney's motion, the court ordered the client to submit to an examination by their psychiatrist. When the client contacted their psychiatrist, he was told that as part of her examination, she wanted him to take a "polygraph," "penile plethysmograph" and an "Abel Screening." He had already taken the Abel Screening, so I advised him to take the polygraph and plethysmograph and then, when going for the Abel portion, to advise the examiner that he had completed the examination by Dr. Abel personally in Atlanta. Only then, did he make his attorney aware of his Atlanta testing. The attorney's immediate reaction was a desire to obtain the Abel report and present it to the court with hopes of avoiding the testing the other side requested. The client, per my advice, refused to allow that. The key for this client was in his ability to "pass" all tests that his "wife" could throw at him. Only then would it end. There is absolutely no way that his wife's attorney would have accepted the client's test results "for" the testing they desired. Had the client's attorney filed his testing results with the court, the only thing that would have transpired would have been more time, more expense, more motions and more hearings, but the final result would have been an order for the client to complete the wife's testing regardless of what tests he previously took. The client had the best thing possible going for him. He had a battery of tests in his "hip-pocket," proving that he was not a child molester. If the results of any test the wife required were different, the immediate question would have been; "How could I possibly have failed your test, yet passed the entire Abel Screen so easily." In that case, the wife's attorney would have had no argument regarding the admission of the Abel report, especially since that was one of the tests "they" required. It worked perfectly for the client. He passed everything with flying colors and because he passed what his wife's attorney required, they simply had no ammunition left. Again, these tests are invaluable, but only based on the manner in which they are handled.

We copied material from your website and gave it to our attorney. He refused to use any of it, saying it amounted to nothing more than garbage. My husband was convicted and sentenced to 15 years. I was told that he was convicted because of the testimony of the state's expert psychologist who had interviewed our daughters. He testified that he was convinced that my husband was guilty because he matched every profile of a child molester. Our attorney never even objected to anything the psychologist said. What can we do?

  • Had the attorney bothered to read some of the material you provided him with from this site, he would have dealt with the psychologist prior to trial and kept any testimony out that was simply given to infuriate the jury. You are in a "DAUBERT" state, meaning that "expert testimony" must be backed by scientific validity and a psychologist's personal "opinions" would not be allowed unless they can show that the opinion is "proven" to be accurate. In your case, that would not have been possible since there is "no" recognized profile of a child molester. As to what to do, you may consider either a legal malpractice action or addressing "ineffective assistance of counsel" in your appeal or other petitions you file. Be aware though, in most cases, if you do not address ineffective assistance in your appeal, you may well be barred from raising the argument in later petitions should the appeal fail.

While going through a very nasty divorce, I was accused of molesting my step-son, 12 years ago. I found your website six months ago and told my attorney that I wanted to hire you to assist me. He told me the timing was not good and that we needed to wait and see what developed. I have done nothing to defend myself because I was told to wait. Now the allegations have become a major part of my divorce and custody battle and have hurt my business because they have actually gone public. Is it too late for me to begin defending myself and turn this around?

  • No, it is not too late, however, I would certainly recommend that you talk with an attorney, experienced in false allegation cases, that you "stop" waiting to see what develops and that you mount a vigorous defense. It is absolutely crucial that you "prove" you are innocent to survive. Attorneys who are not experienced in these cases have no idea what they are facing. Get an expert, whether they are an attorney or someone with experience in defending false allegation cases.

I just wanted to follow up on my first email to you. If you remember, I was interested in your services but was very skeptical. For all I knew, you could have been another internet scam, just trying to make money by using my fear of going to prison. Also, I could not see how you could accomplish anything in a few days when my lawyer had not been able to over a year, especially when I had 2 little girls falsely accusing me. Now, I have to say that you were the best investment I could have made. I was just told today that all charges against me are being dropped and that is a long way from my own lawyer trying to get me to take a plea before you got involved. I can't say thank you enough for giving me my life back.

  • Fantastic on the charges being dismissed and, yes, that is a long way from the plea they were trying to get you to accept, but the credit is not mine. It belongs to you and to your wife. We all worked equally as hard, going through everything and putting together the time line that proved nothing happened and it was you who spent countless hours, transcribing those interview tapes no one else had ever bothered to do. It was you who submitted to all the testing, even when you were told you initially failed two polygraphs. I may have been a guide, but I could not have accomplished anything without your help, your trust and your belief in me. Congratulations, thanks for the faith you did have in me and I can honestly say, this is the reason I do what I do. You are living proof of what can be accomplished. Let's not lose contact.

My son met with you about a year ago when one of his children made allegations against him. That allegation was investigated by the Department of Children and Youth Services and unfounded. There is no doubt that his ex-wife was behind all of that. Last week he was arrested after allegations were made again, but this time by both of his children, and my understanding is that he called you and you are unwilling to help him? Why? Is this a financial issue? I will be more than happy to pay your fees.

  • My decision had nothing to do with finances. When I met with your son last year, I told him that the allegations against him would eventually get worse and that he needed to get his children out of the environment they were in, for their sake as well as his. He agreed, but told me he wanted to wait and see what happened before he spent additional funds to go forward. My decision was based on two issues; one, his personal finances were more important to him than the welfare of his children and two, the allegations could have been controlled by dealing with them before they reached a point where they got completely out of hand. When I am dealing with any case where a mother is using allegations of abuse against a father to gain the upper hand in a custody battle, my main concern is for the welfare of the child or children. They do not need to be in that environment, nor do they need to be taught or trained that making a false allegation is acceptable. I have seen far too many cases where a father's main interest and concern is in themselves and not in their child or children and I have no desire to work with anyone in that frame of mind. I hope you understand. Your son is an adult. He can make many of his own choices. His children do not have that luxury. Who fights for them? As my webpage on child custody explains, I have no interest in working with any father who begins a conversation with, "How much will it cost to get my children?"

You have accessed one of the many pages here at the Cowling Investigations, Inc., a False Allegation Defense Website. For an explanation of how we assist our clients who have been falsely accused, see Our Expertise, We Can Help. If you have been falsely accused, see What to Do - What Not to Do When Falsely Accused.

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