Few criminal allegations carry more weight — or more risk of an unjust outcome — than charges involving crimes against children. In Kern County, CA, these cases are prosecuted aggressively, and the emotional intensity surrounding them can make it difficult for defendants to receive a fair hearing. At Simmons Wagner, LLP, we understand how high the stakes are, and we also understand something that prosecutors and juries don’t always acknowledge: testimony in these cases is not always reliable, and that unreliability can have devastating consequences for the accused.
Why These Cases Are Different
Crimes against children encompass a wide range of allegations, including physical abuse, sexual abuse, neglect, and exploitation. What sets these cases apart from many other criminal matters is how heavily they rely on testimonial evidence — particularly the testimony of child witnesses and, in some cases, adults recounting memories from childhood.
Physical evidence is not always present. Surveillance footage rarely exists. In many cases, the prosecution’s entire theory rests on what one or more witnesses say happened. That dynamic makes the quality and reliability of testimony the central issue in the defense.
The Science of Memory and Child Testimony
Decades of research in psychology and cognitive science have established that memory — especially in children — is highly susceptible to suggestion, influence, and distortion. Children are not intentionally dishonest, but they are vulnerable to leading questions, repeated interviews, and the expectations of adults around them.
When a child is interviewed multiple times by investigators, social workers, therapists, and prosecutors, their account of events can shift and evolve in ways that reflect what they have been told or asked rather than what they actually experienced. Studies have shown that even well-meaning interviewers can inadvertently plant false memories or reinforce inaccurate details through the way they frame questions.
Simmons Wagner, LLP examines the full interview history in every case. We look at whether forensic interview protocols were followed, how many times the child was interviewed, whether leading questions were used, and whether the child’s account changed over time. These are not attacks on the child — they are essential questions about the integrity of the evidence.
Adult Testimony and Recovered Memory
In some crimes against children cases, allegations are made by adults who claim to have recovered memories of abuse that occurred years or decades earlier. The science surrounding recovered memory is deeply contested. Research has demonstrated that false memories can be implanted and that the therapeutic techniques sometimes used to recover memories can themselves create inaccurate recollections.
When recovered memory is central to a case, Simmons Wagner, LLP works with qualified experts who can speak to the science and help the jury understand why those memories may not be a reliable basis for a criminal conviction.
Investigating the Source of the Allegation
Not all allegations involving crimes against children arise organically. In some cases, accusations emerge during contentious custody disputes, family conflicts, or situations where a child has been coached or pressured by an adult with a motive to fabricate. Simmons Wagner, LLP investigates the full context surrounding how an allegation came to light — who first raised it, under what circumstances, and whether any individuals involved had reason to make or encourage a false claim.
Protecting Your Rights in Kern County
Being accused of a crime against a child does not make you guilty. The Constitution guarantees every defendant the right to a fair trial, the right to confront witnesses, and the right to challenge the evidence against them. Simmons Wagner, LLP exercises those rights fully and without hesitation, approaching each case with the discretion and thoroughness these allegations demand.
If you are facing charges involving crimes against children in Kern County, CA, do not wait to seek legal counsel. Call (949) 439-5857 today to speak with an experienced criminal defense attorney at Simmons Wagner, LLP.