Q: Is it best to hire a lawyer to help me file charges against the man that molested my minor daughter?

A: I dont know if you are talking about criminal charges or filing a civil suit or both against this person but you should meet with a criminal law attorney to get a better understanding of what you will need to provide the police for purposes of pursuing criminal charges against him and you should meet with an experienced family law / civil trial lawyer to discuss the possibility of civil claims against him as well. I dont know when the molestation occurred and whether the statute of frauds has run or if the time frame to bring criminal charges has run but I would not wait any longer to discuss / address your claims.

A: Neither you nor a private attorney can file criminal charges. You make a police report and/or contact the prosecutor's office in the county where the crime occurred.

A: You do not need to hire a lawyer in order to file criminal charges against this man. There are very limited benefits for you to pay an attorney to advice you on how and where to file criminal charges. Criminal charges are investigated by members of law enforcement and prosecuted in court by either the County Prosecutor's office where the offense occurred or in some cases the Attorney General's Office. Any lawyer you hire to advice you on filing Criminal Charges would not be able to represent you or your daughter in court for those charges. Your interests would be represented by the Prosecutor or Deputy Attorney General in Court.

You can report the crime to the local police department where you reside, the local department in the township where the molestation occurred, or the County Prosecutors Office where you reside or where the molestation occurred. If your township/county of residency is different from where the offense occurred you may be redirected to report the crime their. Additionally, every county investigates these types of crimes differently. In some counties the Prosecutor's Office's Detectives are involved in every investigation while in others if you go to the Prosecutor's Office they may refer you to the police department for the township where the offense occurred. You could start simply by calling your local Prosecutor's Office, explaining the nature of the crime you wish to report, where it occurred, and asking if you can report it directly to the Prosecutor's Office Special Victims Unit or Sex Crimes Unit (each office names these departments differently).

If for some reason you ultimately feel your case is not being properly investigated or is being handled incorrectly every Prosecutors Office has what is called a Victim Witness Unit. This unit is filled with advocates who speak directly with victims and victim's families. You can call them to request a meeting with a Prosecutor who handles to discuss the investigation. While your case may need to be investigated by the local police department depending on how that county handles those types of investigations. You have a right under the law (2C:14-2.1) to be advised and consulted regarding any decisions to charge, not charge, plea the case, or go to trial for any sex crimes you or your dependent are the victims of.

The only real thing hiring an attorney regarding the filing of criminal charges would do would be for him to advice you on what types of evidence the prosecutor would want you to preserve. So to save you the fee for that conversation, save everything. Save every text message, every social media post, every digital conversation, every call log, every minute of any video or audio recording. Even if you think it is not relevant, let law enforcement decide that. Lastly, if the suspect is related to you or knows you or your family do not tell him or her that you are going to the police. One type of investigative tool is called a consensual intercept where they would have you or your child call the suspect while you are in an interview room and they would record the call with your permission in hopes that the suspect may make some sort of admission.

Outside of that, any type of Civil Law Suit would be separate from the criminal charges, although the criminal case would impact the civil case in terms of proof, especially if the suspect ultimately pleads guilty. Remember though, unless the suspect is him or herself wealthy, or was around your minor through some sort of organization (like a school or special needs program) it may be difficult to find a Civil Attorney willing to take the case as they often are paid contingently based on the outcome of the case.

Lastly, do not delay any longer. While the statute of limitations for sex crimes is for the most part indefinite (See 2C:1-6) there are certain crimes that would fall under the ordinary five (5) year limitation.