How to get best lawyer?

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Zoecat
Posts: 9
Joined: Wed Dec 26, 2012 12:43 am

How to get best lawyer?

Postby Zoecat » Sun Jan 06, 2013 5:24 pm

Every since the nightmare began - just before Christmas- my first thought has bern get a great lawyer. There is no case!!! My child told someone we owed two items - that are in 99 percent if all house holds (no not a gun or weapons of any kind) . So no abuse - no neglect, and yet as we all experience - you guilty from the start even with no actual evidence f any kind.
My question is this. How do you get a good lawyer. The two I have interviewed seem to believe you do nothing, wait until your case is labeled indicated and go to court. This seems nuts to me. Shouldn't a lawyer I am paying he fighting to prove my innocence BEFORE it ever goes to court?? Also learned - another lawyer(a friend) says this is true - a lawyer can only represent 1 parent - not both.
Question is - if you are paying a lawyer their retainer fee - shouldn't they be actively fed ending you before it even had to go to trial??? Or is the best they can do is sit in on your interview with CPS, and write for copy of records from CPS and school? Final and most important..... Can - dies the lawyer I hire have the legal right to sit on on any "interviews" the CPS wants to have with my child? My first priority is making sure he never get am used by his school again - who allowed the CPS in to interview our child before we (his parents) were aware of anything!
May have bern an unwise move (in term of antagonizing school) but stated no one there of from CPS is to speak with my child without his legal representation present. Am not going to let them bully a small child into thinking he must talk with any if them.

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Eljay
Posts: 2645
Joined: Thu Jan 20, 2011 10:01 am

Re: How to get best lawyer?

Postby Eljay » Sun Jan 06, 2013 8:43 pm

Zoecat wrote:Every since the nightmare began - just before Christmas- my first thought has bern get a great lawyer. There is no case!!! My child told someone we owed two items - that are in 99 percent if all house holds (no not a gun or weapons of any kind) . So no abuse - no neglect, and yet as we all experience - you guilty from the start even with no actual evidence f any kind.


Honey.... I think you're WAY overreacting. You need to show them that you are calm, rational, and in control.


My question is this. How do you get a good lawyer. The two I have interviewed seem to believe you do nothing, wait until your case is labeled indicated and go to court. This seems nuts to me. Shouldn't a lawyer I am paying he fighting to prove my innocence BEFORE it ever goes to court??


I would agree with the attorneys. Hiring a lawyer will NOT have any influence on CPS actions. They either think you abused/neglected or they don't. Having a lawyer isn't going fix CPS. Doing so can go one of two ways.... CPS will think you have committed some crime and are "lawyering up" to prepare your defense *or* they will see that you're not going to be an easy target for false allegations and move on to another target.... IF and ONLY IF the allegations are false. The problem is that they seem to have not clearly spelled out the allegations. You don't need a lawyer to get these allegations, but you do need to hold firm to your privacy UNTIL you have the allegations clearly spelled out and in your hands. If the allegation is that you "own a baseball bat" and "own liquid bleach" then you NEED to get CPS to state that, whether in writing or verbally (while you record and/or write down everything that is said). THEN you can move forward... if you don't get the allegations detailed out first, CPS can make up crap as they go along.... "we started to investigate your ownership of those two items, but during our investigation it was discovered that your husband is a drunk, he beats your child and you have a prescription drug problem." This is NOT how you want things to go!!!!

You want to get the allegations clearly spelled out, THEN say:
YOU: "yes, we own a baseball bat that my son uses for little league, which is not against any laws or common sense safety precaution; yes, we own bleach for laundry purposes and it is kept in the laundry room in a wall cabinet;"
CPS: "do you take drugs?"
YOU: "I've given you all of the information necessary to close your investigation."
CPS: "I need to inspect your child's room."
YOU: "I've given you all of the information necessary to close your investigation."
CPS: "you need to sign these forms..."
YOU: "I've given you all of the information necessary to close your investigation."

etc.
etc.
etc.

You ARE entitled to the allegations! Here's a Q&A on the subject from the Federal Dept. of Health and Human Services:
http://www.acf.hhs.gov/cwpm/programs/cb ... ?citID=353
and big, long text here:
http://www.acf.hhs.gov/cwpm/programs/cb ... f.jsp?id=2

Print this out, and when they want to move forward, let them know that your Federally protected rights entitle you to the allegations, then respond ONLY to the allegations and don't let CPS "fish" for more information to build a case against you.


Also learned - another lawyer(a friend) says this is true - a lawyer can only represent 1 parent - not both.


Yes, standard court procedure.

Question is - if you are paying a lawyer their retainer fee - shouldn't they be actively fed ending [defending?] you before it even had to go to trial??? Or is the best they can do is sit in on your interview with CPS, and write for copy of records from CPS and school?


Defending you against WHAT??????? No charges have been levied against you so there is no ACCUSATION, just an investigation. You could have the lawyer sit with you, but they are INVESTIGATING at this point. If you were being investigated for the murder of your ex-husband, who had a huge life insurance policy that you were still the beneficiary of, and you were the last person to see him... THEN you might want to have a lawyer sitting there telling you what you should and should answer. They *STILL* have to do the investigation. What do they have to investigate????? THE ALLEGATIONS and ONLY the allegations, and I've already told you how to handle THAT.... you will ONLY respond to the allegations and nothing more. You don't need a lawyer to tell you when to shut up... you can identify what questions apply to the allegations and you don't need anything more than that.

Final and most important..... Can - dies the lawyer I hire have the legal right to sit on on any "interviews" the CPS wants to have with my child? My first priority is making sure he never get am used [abused?] by his school again - who allowed the CPS in to interview our child before we (his parents) were aware of anything!
May have bern an unwise move (in term of antagonizing school) but stated no one there of from CPS is to speak with my child without his legal representation present. Am not going to let them bully a small child into thinking he must talk with any if them.


When you send your child to public school, they are out of your control and CPS has every legal right to go interview your children at school. No, the school does not have any obligation to call in an attorney or parent to witness the interview. If you are polite, you can ask that the principal, school psychologist, a trusted teacher or even a secretary sit in on the interview to observe (because CPS is notorious for putting words in the mouths of children if not outright fabricating). That's only a request. I hope your 'antagonizing' the school didn't make you look like a lunatic for asking them to do something which is against the law for them. It's already been through the Supreme Court that CPS has the right to interview children while at public school. I think I've said to you before that you can homeschool if you don't want to expose your child/family to this risk. Another option is to brainwash your child to say that he won't speak without a parent present, but trust me... they will be able to outsmart or outwait a 6 year old any day.

You need to keep in mind that the school has NO BUSINESS stopping CPS from doing their job. If your child is being molested by an uncle, it is none of the school's business to pry and try to figure things out... their job is to TEACH and report any suspected abuse/neglect. They are not supposed to investigate themselves... they are NOT investigators (and CPS case workers are horrible "investigators" themselves, but they are given the legal obligation to do so). This is why I often recommend that people get the police involved RIGHT AWAY so that they can do a REAL investigation as to whether there was any abuse. For starters, police have nothing to gain by fabricating evidence. Second, police have REAL training in forensic investigations. Third, police usually have resources they can draw on to conduct a REAL juvenile forensic investigation. Fourth, in case CPS pushes forward with a bogus case, you can take that exonerating police report and/or officer to court with you to say, "see judge, it didn't happen and we aren't the only ones saying that."

Sorry for SHOUTING, but I'm just trying to get you to understand the process so that you don't inadvertently step on a landmine. :)
Advice & opinions provided are no substitute for genuine legal assistance. Laws & rules vary by state/jurisdiction so do your homework and get
an education in CPS laws, rules & practices so that you can FIGHT for your children's rights. I am not a lawyer. Your mileage may vary.

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Zoecat
Posts: 9
Joined: Wed Dec 26, 2012 12:43 am

Re: How to get best lawyer?

Postby Zoecat » Wed Jan 09, 2013 2:22 am

Ok - interesting and informative advice. But if you don't wish people to "freak out" or question the rights of a public school to allow the investigation to proceeded on their property - then why name this site "fight the CPS?" It seems contrary to say relax , it's just an investigation. But be posting this advice on a site titled fight the CPS. I know - don't shoot the messenger, but each person or expert give entirely conflicting advice. The best legal advice I've gotten so far was from a 78 dollar lawyer online.
What I care about is my child, and that he never be placed in a room where he feel out numbered and intimated. Forced to answer questions, though he does not understand even why the questions are being asked.
Have gone beyond freaking out and now just mad! But shall remain polite - as this seems to be the status quo when dealing with the CPS. Bow, scrape and be polite, as ladies are taught to do for centuries. Like being called sweetie or darling by men. . If we dare get mad - we are only proving we are unfit and hostile for not behaving as expected by the CPS. Once again get to play Betty Crocker.
Signing off from this site - as it's just upsetting to read all the violations the CPS commit. Rather go in this with an open mind and top legal advice.
And of course they have not specifically told us what our alleged behavior is specifically - so they can lie and fish. Just time to throw in the towel. You can't get angry, you can't be this, you can't be that, but, they can lie. It's a giant farce and it is apparent a ridiculous game and you just have to "play the game."

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Eljay
Posts: 2645
Joined: Thu Jan 20, 2011 10:01 am

Re: How to get best lawyer?

Postby Eljay » Wed Jan 09, 2013 6:04 am

Zoecat wrote:Ok - interesting and informative advice. But if you don't wish people to "freak out" or question the rights of a public school to allow the investigation to proceeded on their property - then why name this site "fight the CPS?"


It isn't the school's ”right” -- it is a supreme court affirmed government policy/procedure which was established for the purpose of the protection of children. You will get much more accomplished if you choose to work within the law and learn the laws that CPS had to follow so that you can hold then to the law as well.
Advice & opinions provided are no substitute for genuine legal assistance. Laws & rules vary by state/jurisdiction so do your homework and get
an education in CPS laws, rules & practices so that you can FIGHT for your children's rights. I am not a lawyer. Your mileage may vary.

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User avatar
Eljay
Posts: 2645
Joined: Thu Jan 20, 2011 10:01 am

Re: How to get best lawyer?

Postby Eljay » Wed Jan 09, 2013 6:11 am

Another thought... People who REALLY abuse their kids don't want anybody to find them out so just be careful that you aren't making yourself look just like one of them. Preserving your RIGHTS is great, but you don't have the right to privacy when you place your child in PUBLIC school. Don't waste your time fighting for a right you don't even legally have.
Advice & opinions provided are no substitute for genuine legal assistance. Laws & rules vary by state/jurisdiction so do your homework and get
an education in CPS laws, rules & practices so that you can FIGHT for your children's rights. I am not a lawyer. Your mileage may vary.

----<>----<>----<>---- BREED WITH CAUTION ----<>----<>----<>----


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