CPS report is wrong, but no one cares - help?

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missing_my_kids
Posts: 14
Joined: Wed Sep 10, 2014 1:10 pm

CPS report is wrong, but no one cares - help?

Postby missing_my_kids » Thu Oct 02, 2014 5:16 am

I know that CPS reports for shelter hearings and dependency trials are prone to be exaggerated/overstated/opinionated/making issues of things that are not legal issues. But in this case, it's just flat-out wrong.

The CPS report states that the children were removed on one day. In reality, the children were removed the day before. Why does this matter? Well, maybe it doesn't. But I question why they'd deliberately state the wrong date. In my state, CPS has 24 hours after removal to conduct a shelter hearing. However, in my case, the shelter hearing was actually 48 hours after removal. Is this why they changed the date, so it'd look like removal occurred within 24 hours of the shelter hearing? Or am I looking at something that is actually irrelevant.

Further, the CPS report states that I was charged with xxxx(undisclosed) felony in connection with the case. The reality is that I was arrested, but the felony charge was never filed by the state's attorney - and not as part of some sort of a plea deal. But yet they are still saying and using the "being charged with xxx(undisclosed) felony" against me? Is that allowed? Is being charged the same as being arrested for?

Should I write a correction and give it to my lawyer before my trial?

missing_my_kids
Posts: 14
Joined: Wed Sep 10, 2014 1:10 pm

Re: CPS report is wrong, but no one cares - help?

Postby missing_my_kids » Thu Oct 02, 2014 5:20 am

trial=dependency trial.

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family_man
Posts: 1138
Joined: Wed Jan 13, 2010 8:02 am
Location: TX

Re: CPS report is wrong, but no one cares - help?

Postby family_man » Thu Oct 02, 2014 6:49 pm

Yes, I would try to get the record straight. Arresting is not the same as being charged.
Disclaimer: I am not an attorney, and this is not legal advice.

missing_my_kids
Posts: 14
Joined: Wed Sep 10, 2014 1:10 pm

Re: CPS report is wrong, but no one cares - help?

Postby missing_my_kids » Mon Oct 06, 2014 10:26 am

I'm going to try to have my criminal attorney write a letter or something, clearing the record up.

Edit: he's calling the case manager, to get everyone on the same page. I'm sure I'm his pain-in-the-butt client, but I feel like I'm walking a tightrope, balancing the dependency case and the criminal case, and I'd rather be annoying by asking too many questions than be annoying by screwing up by saying something that makes the situation worse. :-)


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