Firefighter who helped save lives needs help now!

Are you going through an investigation now? Tell your story and get feedback here.

Moderators: family_man, LindaJM

Firefighter
Posts: 60
Joined: Thu Sep 04, 2014 9:16 am

Re: Firefighter who helped save lives needs help now!

Postby Firefighter » Thu Sep 17, 2015 9:00 am

What is worse, going to trail to get it over, or waiting and worrying? Well, because of all the postponed trial dates, the worry over the possibility that the current lawyer (over $10 grand invested) is doing nothing and has put together a weak game plan, things are just getting worse. Since the current lawyer has shown too much weakness, we are going to go with a lawyer who has a proven track record and is familiar with the local court system. But, he wants $23 grand to do it and the trial was due to start the end of this month. WHAT……? $23 THOUSAND DOLLARS? AND NOW WE HEARD THE TRIAL IS PUSHED BACK AGAIN ONE MONTH! THE DEFENDANT HAS TO TAKE THE MONEY OUT OF HIS LAST MEAGER AMOUNT HE HAS LEFT TO HIS NAME. MONEY THAT WAS SUPPOSED TO BE FOR RETIREMENT, THE KIDS COLLEGE, CHILD SUPPORT, ETC. HOW IS THIS HELPING THE CHILDREN? CPS THINKS THEY ARE HELPING?
Please, everyone take note. Don’t ever, ever, ever talk to CPS or the police if you are being investigated for any kind of child abuse. If you are guilty, you probably won’t anyway and you will lie (you should get what’s coming to you). But, if you are innocent, don’t do it without a very good lawyer behind you. You may think that the fact that you are innocent that you can just tell the truth and be honest about it and things will be OK. WELL IT WON’T.
You would think that an honest person, one who passed two in-depth polygraph tests would be left alone. A polygraph test that had the police originally state that, “we have nothing to charge him with” and then take it back when an ignorant CPS worker and a pregnant prosecutor (just saying) forces the courts to continue with the case. A CPS worker who has less than a year of schooling, nothing close enough to be able to understand the constitution or any criminal cases, that can call the shots. WHAT IS WRONG WITH THIS WORLD?
The newer improved and more expensive lawyer says the first lawyer screwed up by letting his client talk to the police and be honest with them. I agree, that lawyer made a huge mistake. This new lawyer says the person who did the polygraph test is the best in this part of the country. The case should have been ended right there. Well, it wasn’t. Anyway, we have loaded the new lawyer up with a year and a half of research on the sleep disorder and causes, and the medical and personal history of the defendant.
Please, everyone reading this and anything on this site. LEARN FROM OTHER’S MISTAKES.
TO BE CONTINUED.

User avatar
LindaJM
Posts: 3171
Joined: Mon Aug 02, 2004 7:16 pm
Location: Northern California
Contact:

Re: Firefighter who helped save lives needs help now!

Postby LindaJM » Sat Sep 19, 2015 8:45 am

I agree with your advice. Never trust CPS - nobody knows what they will do but it is usually not good.

23 thousand seems kind of high. (understatement) . . . I wonder if any of that could be refundable.
Sample Document Library

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 ...

Firefighter
Posts: 60
Joined: Thu Sep 04, 2014 9:16 am

Re: Firefighter who helped save lives needs help now!

Postby Firefighter » Mon Sep 21, 2015 5:18 pm

I think i will ask "What reasons would initiate a refund"? If the last lawyer is fired, i don't think we can get money back without having to sue him. If you have never dealt with lawyers before, you would know a bad one from a good one. Found that out.

Firefighter
Posts: 60
Joined: Thu Sep 04, 2014 9:16 am

Re: Firefighter who helped save lives needs help now!

Postby Firefighter » Mon Sep 21, 2015 5:21 pm

Sorry, that was "Wouldn't know a bad one from a good one".

User avatar
LindaJM
Posts: 3171
Joined: Mon Aug 02, 2004 7:16 pm
Location: Northern California
Contact:

Re: Firefighter who helped save lives needs help now!

Postby LindaJM » Tue Sep 22, 2015 8:47 pm

I think any lawyer asking for that much money up front is a bad lawyer. I could be wrong about that but the fee seems too high... like a mile too high.
Sample Document Library

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 ...

Firefighter
Posts: 60
Joined: Thu Sep 04, 2014 9:16 am

Re: Firefighter who helped save lives needs help now!

Postby Firefighter » Wed Sep 30, 2015 9:21 am

When your're life depends on it, you get desperate and you make desperate choices. Hoping something will turn the tide and keep you from drowning. You think things are going good, then you get the diagnosis that you have cancer (CPS) and you only have so much time. You'll try anything to take down this goliath. If this lawyer can fight this fight and win, it will be costly, but way better than the alternative. Have to get over this hump (not guilty) and then figure out what our future recourse is.

finallyfree
Posts: 29
Joined: Thu Oct 08, 2015 10:49 am

Re: Firefighter who helped save lives needs help now!

Postby finallyfree » Fri Oct 09, 2015 5:49 am

I agree with the desperation part but you have to also prepare for the long haul as well. It's going to do no one any good (except for the lawyers) to be insolvent.

as far as the new lawyer saying that the previous lawyer made a mistake, I think you should not dwell on that even if it is true. Much of what you will be faced with are decisions which are anything but certain and only clear after the fact. If you don't have confidence in your attorney then you should get one that you do have confidence in. However, this is one of those things that you should give lots of consideration to as you do not want to change lawyers a lot as this will just make things more difficult. As you have already switched, it is time to give him a chance to do his thing.

I also agree that $23,000 seems like a lot as a retainer (if that is what we are talking about). You should ask how he arrived at that figure.

Firefighter
Posts: 60
Joined: Thu Sep 04, 2014 9:16 am

Re: Firefighter who helped save lives needs help now!

Postby Firefighter » Fri Oct 16, 2015 9:16 am

Listening...
Again, the previous lawyer was a suggestion from another lawyer, and he has had almost 2 years to get together a game plan, which he hasn't. Being that the time lapse is so long, tells me he is an expert at postponing trials (with a little help from the prosecution which we believe has no game plan either and has been postponing also. I have a close relative who is a judge in a nearby county. He suggested this new lawyer. After doing our homework and reading up on his past cases, we were convinced he would fight hard for us and would deliver. He has also dealt with some sleep related cases, although it never ended up having to be proven professionally.
You would think, if someone had the possiblility of going to prison for 23 years, they would of had to put up bail to stay free for 2 whole years. Well, no jail time, no bail requested, just stalling. Why, because he is innocent (due to his sleep disorder and no intent) and caught up in a crazy mess that CPS has created.
Again, the system is messed up and nobody is doing anything about it.
Thanks for all your concerns and comments.

User avatar
LindaJM
Posts: 3171
Joined: Mon Aug 02, 2004 7:16 pm
Location: Northern California
Contact:

Re: Firefighter who helped save lives needs help now!

Postby LindaJM » Tue Oct 20, 2015 6:53 pm

I understand why the switch to a better lawyer (better reputation) after all the delays. What is the next step? When is the next hearing?
Sample Document Library

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 ...

Firefighter
Posts: 60
Joined: Thu Sep 04, 2014 9:16 am

Re: Firefighter who helped save lives needs help now!

Postby Firefighter » Wed Oct 21, 2015 8:52 am

Linda,
Will know soon. Was supposed to be early next month but now posponed again due to new lawyer needs more time. He just finished defending a local government employee. Ended up with reduced sentence.
The waiting game is still on.

Firefighter
Posts: 60
Joined: Thu Sep 04, 2014 9:16 am

Re: Firefighter who helped save lives needs help now!

Postby Firefighter » Fri Nov 06, 2015 10:06 am

Time doesn't seem to be healing anything.
The trial is posponed to late January and early February. Again, another holiday season spent without the ones you love most. It's gotta hurt when your in this situation and the Christmas songs are playing everywhere. All you can do is hope that the new year is different (in a good way). This will bring on more sleep issues due to the memories of past holidays and the good times vs. the sad times now.
Anyway, the new lawyer will have plenty of time to prepare. I believe he sees the ingnorance that has flourished in this legal battle.
Again, thanks for listening.

sunspace8
Posts: 1
Joined: Fri Nov 13, 2015 11:20 am

Re: Firefighter who helped save lives needs help now!

Postby sunspace8 » Mon Nov 23, 2015 1:38 pm

Well I care. I've been going through CPS hell as well. Had both my kids taken away because my EX whom I don't live with and have been divorced from was accused of sexual abuse with my daughter. So .... why did they take them away from me?? They said that I knew about it ... ??? really ???? no I would have beat him if I had known. anyways, instead of placing them with other of my family ... they were put in a foster family house, and now the foster family is trying to keep them. Actually trying to persuade them to stay. I'm so depressed and despondant that I can't get up and put my underwear on half the time. Its awful.

So I understand your all situation completely. And all I can do is use the PD because I don't have the money for a real lawyer. Its ridiculous this court system. Its hell.

good luck to you

Firefighter
Posts: 60
Joined: Thu Sep 04, 2014 9:16 am

Re: Firefighter who helped save lives needs help now!

Postby Firefighter » Fri Nov 27, 2015 10:05 am

Thank you for caring, and sorry to here of your situation. The mother in this situation almost lost the children to Foster C. but we were lucky to find a local lawyer that worked for CPS for a few years before becoming a lawyer. She knew enough to shake their tree and let the kids stay with their mother. Of course there were several stipulations... had to be on "the list" and if she slipped and allowed the kids to have any contact with their dad, it would mean she would loose them. That lawyer cost $9000 by the time it was all over. Although, as far as the trial against the father, a PD would have saved him enough money to go get the treatment and professional testimony needed. That is if the trail did not move so fast that there was no time to do things right. You still need someone to stand up to CPS during pre-trials. It is more of a crime with what CPS does to some families than what they are trying to create with lies about good people.
As for now, we have a little left to try and make a trip to see the expert in Toronto where we can get the ammo to fight back. I don't know if the courts will let him travel out of the states or if the father even has the want anymore to try and fight this?
Thanks again

Firefighter
Posts: 60
Joined: Thu Sep 04, 2014 9:16 am

Re: Firefighter who helped save lives needs help now!

Postby Firefighter » Tue Dec 15, 2015 10:17 am

Trial still on track for February. The newest lawyer is convinced the jury will understand the basics (passed the polygraphs, ex-wife and others have witnessed or have been on the receiving end of his parasomnias and even the so called victim is not going to help out the procecution. This means he seems to think we do not need professional testimony either. This whole thing is something that should have never gone this far. I just hope this lawyer has the expertise to shut this thing down. He seems to think so.
Happy holidays?

User avatar
LindaJM
Posts: 3171
Joined: Mon Aug 02, 2004 7:16 pm
Location: Northern California
Contact:

Re: Firefighter who helped save lives needs help now!

Postby LindaJM » Tue Dec 15, 2015 11:07 am

Sounds promising - especially with witnesses to his past history. I would like to have the expert witness on board, but at this point all you can do is trust the lawyer. Usually they are wise enough to suggest the right things. Thanks for the update.
Sample Document Library

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 ...

Firefighter
Posts: 60
Joined: Thu Sep 04, 2014 9:16 am

Re: Firefighter who helped save lives needs help now!

Postby Firefighter » Fri Jan 08, 2016 10:09 am

Site was down for awhile...mmm. Anyway, coming down to crunch time. January 21st should give us a good idea of what to expect for the actual trial. Our lawyer is one popular litagator and has a handful of high profile cases. I hope he has the time to slam dunk our case. Tensions are high.
Thanks all for listening.

User avatar
LindaJM
Posts: 3171
Joined: Mon Aug 02, 2004 7:16 pm
Location: Northern California
Contact:

Re: Firefighter who helped save lives needs help now!

Postby LindaJM » Thu Jan 14, 2016 7:33 pm

Sorry the site has been down. The hosting company says there are too many "executions per hour" and then suspends it. As soon as I find out, I email them and they restore it. Lately their statistics show no reason for these service disruptions. I've spent many, many hours working on making the site run better. So far, nothing has worked well enough.

Long story - but I'm working on it. Site hosting is paid for etc... plenty of bandwidth. I think for what I'm paying, I should be getting better service, and am not looking forward to having to move the site. :( . . . I hope it doesn't come to that.

Anyhow, your day in court has been a long time coming. I hope it goes well, and I'm looking forward to hearing the result. Thanks for staying in touch and updating us.
Sample Document Library

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 ...

Firefighter
Posts: 60
Joined: Thu Sep 04, 2014 9:16 am

Re: Firefighter who helped save lives needs help now!

Postby Firefighter » Fri Jan 22, 2016 10:08 am

Linda,
Thanks for the reply.
Pre-trial was just the same old stuff. Showed up only to have the trial moved back TWO MORE MONTHS. The new lawyer is swamped with other "high profile" trials. He needed more time to get his attack plan together. Also, I believe he wants to have a word with the top prosecuting attorney who seems to want to hide and not come out to hear the truth. Anyway, some time at the end of March. Also, the police officer assigned is holding off retirement for this case. He seems to be on our side - nice guy. Hope he realizes the harm done and can help the court see the wrongful procecution taking place.
For now, there will be another childs birthday and the father's birthday missed. Legal system doesn't care.
Thanks for listening

User avatar
LindaJM
Posts: 3171
Joined: Mon Aug 02, 2004 7:16 pm
Location: Northern California
Contact:

Re: Firefighter who helped save lives needs help now!

Postby LindaJM » Wed Feb 10, 2016 3:11 pm

Any changes? I'm sorry the trial was postponed, but sometimes that's the best thing so the defense attorney can prepare a better case. I hope it helps.
Sample Document Library

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 ...

Firefighter
Posts: 60
Joined: Thu Sep 04, 2014 9:16 am

Re: Firefighter who helped save lives needs help now!

Postby Firefighter » Wed Mar 02, 2016 10:10 am

Trial on track for March 29th. Attorney seems to keep us in the dark a bit. No changes otherwise. CPS still makes their visits. Caseworker says that the father could apply for visits with the other 2 children. He seems to be in too much turmoil to deal with CPS. Any connecting with them could go the wrong way. Just waiting for the trial. We may have to shake the attorney's tree to get the latest. I'm guessing there will be some pre-trial discussions on who will speak and what and what not to say. Kids are doing fine but losing out on some of the special things in life - not a lot of money and mom is now at work a lot trying to make ends meet.
Thanks again to all you listeners.

Firefighter
Posts: 60
Joined: Thu Sep 04, 2014 9:16 am

Re: Firefighter who helped save lives needs help now!

Postby Firefighter » Wed Mar 23, 2016 9:21 am

Well, it just keeps on postponing along,
There was no interaction with the attorney until yesterday. And guess what, the trial is post-poned again till June 7th. I'm guessing the ability to prepare a trial is impossible when you are an attorney with several other big cases going on at the same time. We, on the other hand, just keep waiting for justice to favor our situation. Now, Easter will pass with no possiblility for Father/child interation. So do they just keep post-poning till the children are 18 years old and can finally see their father for themselves. Again, the justice system is messed up, no "speedy trial" here. Just ignore the sad father in the corner, it's his life not ours.
You should be able to sue for stretched out mis-justice like this. I think both sides of the justice fence are clueless as to what to do.
I got it, just face the fact that there was no intent and just drop it.

User avatar
LindaJM
Posts: 3171
Joined: Mon Aug 02, 2004 7:16 pm
Location: Northern California
Contact:

Re: Firefighter who helped save lives needs help now!

Postby LindaJM » Wed Mar 23, 2016 8:16 pm

"The wheels of justice turn slowly, but grind exceedingly fine." - there's a long explanation of the origin of this aphorism here.

I hope the postponement causes good things to happen to safeguard this father's future.
Sample Document Library

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 ...

Firefighter
Posts: 60
Joined: Thu Sep 04, 2014 9:16 am

Re: Firefighter who helped save lives needs help now!

Postby Firefighter » Wed Apr 06, 2016 9:17 am

Yes, all it is grinding up is the green stuff until it disappears.
Anyway, the trial is on for the first week of June. Talked to some "parasomnia" experts yesterday. They agree that he probably has a Non-REM sleep behavior disorder (sort of like sleepwalkers). He has had all the signs and factors that point to it. But, as usual, he needs to find an expert "willing" to take it on and the cost will be several thousand dollars. If we had a ton of money to play with, we would be all over this. It looks like the ability of the jury to understand the issue and with a little bit of common sense, this may head in the right direction. The procecuter wants to have a talk with the mother and daughter a week before the trial. I don't see why, they are not on the same page and are completely on the father's side. I think the prosecuter just wants to try a little bullying and try to twist the truth. The defense lawyer hopefully will be holding all the cards and the prosecution will be short handed.
Thanks for listening.

User avatar
LindaJM
Posts: 3171
Joined: Mon Aug 02, 2004 7:16 pm
Location: Northern California
Contact:

Re: Firefighter who helped save lives needs help now!

Postby LindaJM » Tue Apr 19, 2016 8:08 pm

Would the expert witness be willing to sign a declaration (statement) for the court, without appearing in court? Possibly for less of a fee?
Sample Document Library

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 ...

Firefighter
Posts: 60
Joined: Thu Sep 04, 2014 9:16 am

Re: Firefighter who helped save lives needs help now!

Postby Firefighter » Wed Apr 27, 2016 9:16 am

Not without a 2 day parasomnia montage sleep study. That would be $5000 out of pocket and a wait and see if we were lucky enough to catch an episode. Now that he has reduced his stress, stopped the weight loss pills and is not working at the firehouse, his chances are lower. He also has been useing his apnea machine regularly. Doctors don't want to go out on a limb without solid proof.
In the mean time, he needs to get help applying for visitation. Who knows how long the courts may stahl.


Return to “CPS Investigations”

Who is online

Users browsing this forum: No registered users and 11 guests