No prior police record, no drugs/alcohol. In court for false allegations of child neglect. What will happen?
Currently in court room battle with DSS over my 4 kids. Daughter slow to gain weight and small for age. Pediatrician called DSS after several visits and tests ran and daughter showed no signs of any medical problems causing slow weight gain and what they called “failure to thrive” . (daughter was born at 4 lbs full term! Twin brother was almost 7 lbs) both deemed healthy and sent home with me and dad (husband). Me and husband been seperated for year. Both have seperate public defenders. My public defender doesn’t return calls and always out of office and impossible to get ahold of until seen in court. No money for personal attorney, so stuck with this guy! Advised by “pd’ to admit to guilt though I’m not, and daughter came from a loving home where she was loved and fed along with siblings. Did finally admit guilt although hubby hadn’t and still feel as though we both innocent. “PD’ advised this would speed up court and kids be returned in 6 months. Admitted neglect,now know bad choice!
DSS did set up visitations for every week, once a week. I have 3 in diapers and an older child that need to be with their parents. Because I was living with my parents at the time of all this mess, it is a good chance that the kids won’t be placed with them and taken out of foster care like we hoped. I have been a nervouss, sleepless wreck since court last week. I didn’t feel good at all pleading guilty for something I didn’t do. If it’s not too late (last week was the adjudication hearing) I want to retract my guilty plea if possible. I appreciate any further help with this mess!
Tagged with: allegations • child • court • drugs/alcohol • false • happen • neglect. • Police • prior • Record
Filed under: Alcohol Guilt
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This is absolutely horrible, and only furthers my anger towards our system. I don’t have any clue, even though I wish I had answers for you. I don’t believe I would admit guilt, when you haven’t done anything wrong. I have a friend in jail who was charged for child molestation, with no evidence, no proof, and he told me he would never admit guilt, when he didn’t do it (and I believe him); and he hasn’t been able to see his kids since September. Our system is getting carried away with speculations, and taking kids out of their homes, when there is no wrong-doing on the part of parents. I am absolutely upset over what is happening to you, and I don’t even know you. I wish you the best, and I wish I had an answer for you, but I don’t. I have had a similar situation happen to me, but don’t wish to elaborate on it, over the internet. From personal experience, I can tell you, the courts can take your children from you for any of these reasons: being on drugs, not having a home, for living with abusive men. If they even suspect you are on drugs, they will force you to do drug testing (even if you are on the job, which I say, is wrong). Sorry I couldn’t be more help than that, my heart does go out to you.
Dont you dare admit guilt if you are not. My heart goes out to you, i can begin to imagine what you are going through. But as a mother I can tell you, FIGHT for yourself and your kids. Public Defenders can be a blessing or a curse, if they think they can intimidate you into a plea they will. It will follow you and your kids forever. You need to be there hero, i know its hard to hold your head up when it feels like everyone is looking at you under a microscope, but they’re your kids, you gotta. If it were me I would sit in the Public Defenders office until someone heard me and did what is expected of that office. Let them know you are not a force to be reckoned with when it comes to your kids. My best wishes to you, hang in there.
OK, let’s start out at the beginning. As a person who has had to testify in court in several occasions, as well as being friends with a judge and private defense attorney, do not admit guilt! Insist on a court trial by jury. Both the PD’s and DA’s depend on plea deals to speed things up. By insisting on going to trial, you are showing that you believe that you are innocent and are demanding your day in court.
2. Get rid of your PD. They are massively overworked, underpaid, and stressed out. You need to find an attorney that will work for you pro bono. This will be tough – try going to parent’s rights organizations and pleading your case.
3. If you’ve already admitted guilt, withdraw it officially. Tell the truth – your PD pressured you into confessing in order to get the case off of his books, and you were not provided adequate representation. Ask to meet with the judge & all attornies in chambers, and state your case. The claim of inadquate representation is a big one, it gives you an opening to have everything your PD did thrown out.
4. FIGHT FIGHT FIGHT! Again, the court system relys on plea deals. The more you fight, the more they will back off, espically if their case is shaky. Start documenting all the times that you have called your PD and he has not called you back, or times that you have requested a meeting and he has refused. This will provide powerful evidence to the judge that you have not been provided adquate representation.
Good luck.
you can try to get the judge to you assign you new council-
I’m not sure if he./she would . You might have to suck
it up and pay a lawer to defend since these are serious changes.I would contact a lawer and try to get some free legal advise , many lawers give free advice and such
and can give you the specific answer that you need.