Someone has made false calls to CPS on me a few times and they were unfounded until this last time. The worker had it out for me i guess and indicated the case and is taking me to court! Why can't the people who keep making these false calls be prosecuted? This is insane! My child is just fine and I am a good mom. This is not fair at all! They offered me a dismissal with stipulations, but I wanna fight them. My lawyer is not supporting my decision, cause she doesn't wanna do her job I guess. I need legal advice on what my rights are?I need legal advice on a false CPS case!!!?
Making a false CPS report is a crime, but there is literally no punishment even if convicted. So it's not abnormal for someone to not get prosecuted criminally. The District Attorney will not devote resources to prosecute a crime for which there is no real punishment.
Your lawyer works for you and you ultimately call the shots. Your lawyer can give you advice, but can't force you to follow it. If you are dissatisfied with your lawyer, hire another.
What exactly did CPS prove? How? What offense are they ';dismissing';? If they investigated and found ';nothing';, why did they press on and open a case on you to ';dismiss?'; If the case this time was ';founded'; it makes no difference if there were false reports in the past. Was the third allegation true?
You don't have to sign or agree to anything, especially if you are innocent. They have to prove you broke the law, you don't have to prove you are innocent. Make them prove it. That's your right. If you are guilty and you have a chance to get the case dismissed, maybe your lawyer has a point?
If someone filed a false report on you, you need a civil lawyer to take legal action for defamation. Such an action will force CPS to disclose the name of their informant to you and force the CPS officials to testify as to who said what to who. But really, is CPS going to hang up on people and believe everyone is crying ';wolf';? No. Unfortunately for you, they have a job to do and can't ignore reports of child abuse.
If you are innocent and maliciously treated and your reputation defamed intentionally, your remedy is in civil court. Chances are if it's gone as far as you describe, they have to have something on you. If they do, then you can't take legal action because truth is an absolute defense to defamation.I need legal advice on a false CPS case!!!?
well i could relate to you becuz when i was younger cps did the same thing to my mom. of course she would spank us...but cps didnt like, some cps workers do this just to get you in troule, stay strong, and get some witness that will be on ur side, and say that u are a good mother. Good Luck!!
First, if your lawyer isn't supporting your decision to fight, it is for one of two reasons...she knows that you will not be able to win the case, or two, she really is lazy, and you should get a new lawyer. My neighbors kid growing up was always investigated, because he had that brittle bone disease...so everytime he broke a bone, they would have another investigation, even when one of us witnessed the break happen on the playground while hanging from monkey bars. Unfortunately, you can be investigated as many times as they want to report you. I think if the same person reports you more than twice and you are not found to have any abuse, you should be able to sue them for filing false claims, because legally you have the right to face your accuser, but unfortunately in this case, the state takes on the accuser's role.
Since you did not stipulate as to why they investigated and what the charges were (and upon what they were founded) there is NO WAY anyone can answer your question.
As for the person who made the complaint, sure, sue. Once you have proven there were no grounds for the allegations (something you can't do since CPS filed the complaint) you will most likely be told that you have not met the burden of proof required to continue.
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