being accused a second time

Drug abuse, treatment, research, and laws.

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Ne1988
Posts: 1
Joined: Sat Mar 15, 2014 12:50 pm

being accused a second time

Postby Ne1988 » Mon Mar 17, 2014 6:51 am

So last year before christmas we had a family member who lived in our back yard. Found out we were being raided one night, they claimed we were dealing lbs of meth through our home. Turned up nothing was in our home, but because of the accusation the police had to report it to cps. Well cps gets in contact and requires a ua. Where i coroperated on everything they asked. Well they had informed me as long as i passed case would be closed. Well a week after i get a call that my fiance needs to do a ua. Well he got mad and said no because they didnt find anything he felt he shouldnt have to do anything for them. Well this last weekend they called again saying another call came in that were still using meth and we need to do a ua...... i feel like we are being harassed now this is the 3rd time they have been in my home, frankly im tired and disgusted by them any advice?

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LindaJM
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Joined: Mon Aug 02, 2004 7:16 pm
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Re: being accused a second time

Postby LindaJM » Mon Mar 17, 2014 9:45 am

1. You need a lawyer so you can get legal advice. We can't give legal advice because we're not lawyers. A local family law attorney will know the local CPS practices and be able to suggest the best course of action.

2. Don't live with your fiance or let others sleep in your backyard. Guard your children as if they were your life, because they are. If your fiance really loves you it will be okay to live apart for the well-being of your children. If he refuses to leave, he's not considering what's best for you and the children. Since he refuses to be drug tested he will only cause more problems if CPS decides to continue this case and take your kids. A lot of people lose their kids because of men that the CPS workers don't like and don't trust. Please put the kids first. If you lose them you might never get them back.

3. You don't need to let them into your home. Look for the "Fourth Amendment" on the web and you'll find that the USA Constitution states that unless they have a search warrant signed by a judge there's no need for you to allow them into your home. You can talk to them on the porch. Or see an attorney and he/she will advise you on how to handle the situation.

Okay, those are my suggestions. I hope something here helps. I know attorneys are outrageously expensive and most of us can't afford them, but the #1 best way to keep a CPS worker from taking your kids is to have an attorney on your side.
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Please keep in mind that none of us are lawyers and we can't give legal advice. We are simply telling you what we would do in a similar situation. It is to your advantage to get a lawyer.

"Evil flourishes when good men do nothing." - Edmund Burke ... so try to do something to change the system ...

thepenguinpitt
Posts: 45
Joined: Sat Dec 15, 2012 2:10 pm

Re: being accused a second time

Postby thepenguinpitt » Sat Mar 29, 2014 6:29 pm

Do not under any circumstances give them any form of drug test. They will tell you that if you dont you will never get your kids back, dont listen to them. We were told more times than I can count by the case workers, the lawyers, everyone that if we didnt do the drug test we would never get our kids back. We didnt do the drug test because we didnt feel we should have to prove that we are innocent. The burden of proof lies on the accuser/prosecutor, so dont give them any proof one way or the other. We took our case to trial and won. Of coarse we had to live without our children for a whole year while we were waiting to go to trial so I dont really consider that any kind of "win". Further more I would suggest reading the article posted on this forum about drug use not being considered abuse unless it is done in front of the children or unless you are not providing for the children because you are using all the money for drugs. But speaking from experience it wouldnt matter if you did give them a UA, that would not be good enough. Next they would ask for a hair follicle test, then random UAs, they never quit even after your test comes up clean. When we went to trial our judge said that just because we dont take a drug test does not mean we are using drugs. He said something about the lack of proof not being enough to prove their case. So stand your ground dont listen to their threats and dont give them a drug test. They will still have to prove if you are using drugs or not and that would be pretty hard to do without a test.


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