In serious cases, where punishments are more severe, a criminal lawyer is highly recommended, even necessary. A criminal lawyer can advise an individual on the consequences of conviction or guilty pleas. Some guilty pleas, even to misdemeanor charges, can have long-term consequences.
If you feel that you have been poorly treated by social services or have suffered as a result of the negligence of a social worker or the service as a whole, our solicitors will be able to advise you as to whether you may be able to make a claim for compensation.
Even if the events occurred several years, or even decades ago, our team may still be able to help you win with a claim. If you have been failed by social services, either in a recent case or in the past, our expert solicitors may be able to help you to pursue a compensation claim.
When discussing with the opposing party the potential criminal charges that may flow from the transaction that also gave rise to the client’s civil claim, the lawyer should do so in an effort to resolve the client’s claim fairly and not in an effort to browbeat, embarrass, or harass the other side.
When a court decides someone is "indigent" - with few assets and no funds to pay an attorney - generally either a private lawyer will be appointed by the court and paid with county funds, or a public defender program will be appointed to represent the person.
Both the United States Constitution and the South Carolina Constitution guarantee against unreasonable searches and seizures and unreasonable invasions of privacy. You have a right to legal representation at all stages of a DSS action, including the investigative stage.
If You Are Thinking About Suing DSS, Consult a Lawyer If something like that has happened to you, you may have a basis for bringing a lawsuit in state court. And if you believe your federal rights have been violated, you may be able to bring a civil rights claim in federal court.
about 45 daysAlthough it depends on the particulars of the case, CPS usually has about 45 days to complete an investigation. If an investigation takes longer than this time, CPS has to notify the parents with reasons for its delay.
DSS has forty-five (45) days to complete an investigation once they receive an abuse or neglect report. If necessary, an additional 15 days can be granted to complete the investigation if there is good cause.
Can social services take my child away? Social services will usually only take a child away from their parents if they believe that the child is at risk of harm or neglect in their current circumstances. They are obliged to investigate any complaints or concerns reported to them.
You may be able to claim against social services if the local authority failed to manage your family appropriately, leaving you in a situation where you suffered abuse or neglect that could have been avoided.
But DSS can keep the records for five years. What happens if DSS cannot complete the investigation? If the investigation cannot be completed, it may be reopened later. If the investigation is reopened, DSS has 45 days to make a decision.
The answer is yes, you can take legal action against if this has happened to you or someone that you love. You could be able to make a claim irrespective of whether the abuse or negligence that you have suffered happened recently or a long time ago when you were a child.
An investigation lasts from 30 to 60 days and is dependent on the circumstances of the case.
The CPS will usually conclude their review within 30 working days of the request, but in some complex cases, this could take longer. If the victim is not satisfied with the CPS' review decision, they can lodge an application at court for a judicial review, to challenge the decision.
If the investigative team determines a child is in danger or there is truth in the allegations, the DFCS will file a petition with the Georgia juvenile courts for temporary custody of the child. The juvenile court will hold a hearing to decide who should then take custody of the child in question.
Criminal defense lawyers do much more than simply question witnesses in court. For example, defense lawyers: Negotiate "deals" with prosecutors, often arranging for reduced charges and lesser sentences. By contrast, prosecutors may be uncooperative with self-represented defendants.
Help defendants cope with the feelings of fear, embarrassment, reduced self-esteem, and anxiety that criminal charges tend to produce in many people. Provide defendants with a reality check—a knowledgeable, objective perspective on their situation and what is likely to happen should their cases go to trial.
Self-representation is made difficult in part by the typical gulf between paper and practice in criminal cases. In books you can find laws that define crimes, fix punishments for their violation, and mandate courtroom procedures. Take the time and trouble to read these books, defendants might think, and they'll understand the system. Alas, the practice of criminal law can't be understood by reading books alone, even this one. To experienced criminal defense attorneys, the criminal law appears much the same as a droplet of water appears to a biologist under a microscope—a teeming world with life forms and molecules interacting unpredictably.
The Power of the Prosecutor. For example, prosecutorial discretion —the power of prosecutors to decide whether to file criminal charges, and what charges to file — determines much of what actually happens in the criminal courts.
What in a statute book appears to be a fixed sentence for a particular crime can be negotiated into a variety of alternatives.
For example, prosecutorial discretion —the power of prosecutors to decide whether to file criminal charges, and what charges to file— determines much of what actually happens in the criminal courts. The particular prosecutor who has the power to make decisions, and when those decisions are made, can greatly affect the outcome of a case. An act that looks on paper to constitute one specific crime can be recast as a variety of other crimes, some more and others less serious. What in a statute book appears to be a fixed sentence for a particular crime can be negotiated into a variety of alternatives.
Spend time on a case that a defendant cannot afford to spend. Defendants who can afford to hire a lawyer usually have jobs, and therefore lack the time (and energy) to devote to such time-consuming activities as gathering and examining documents, doing legal research, and talking to witnesses.
If you have been failed by social services, either in a recent case or in the past, our expert solicitors may be able to help you to pursue a compensation claim. To speak to a solicitor who specialises in claims against social services, call 0330 134 6430, or alternatively, you can email us. All enquiries are treated with the strictest confidence.
Social Services have a duty of care to protect vulnerable members of society, including children. Unfortunately, social services can often fail to intervene to protect a child despite clear indicators of potential risk.
Many social services are provided by state governments. The agency may go by different names depending on where you are (for example, DSS, Department of Human Services, etc.), but they generally provide a number of different social services:
Getting a visit from a CPS worker can be highly distressing. They have a lot of authority. In fact, if they have a reasonable belief that your child is in immediate danger, they can just take your child away temporarily. They don't even need a court order.
If CPS deprives you of your civil rights, you may be able to sue the caseworker or the agency itself in federal court. Lawyers call this a “ section 1983 " or, unsurprisingly, a “ civil rights " claim.
You also may be able to sue under state law. This can get complicated, so let's take it step-by-step.
That is what gross negligence looks like. If something like that has happened to you, you may have a basis for bringing a lawsuit in state court. And if you believe your federal rights have been violated, you may be able to bring a civil rights claim in federal court.
In the process, the criminal attorney will be able to get a read on what the investigators are after, what information or evidence they might have, and what your options are in the near future and beyond. This will be greatly beneficial if you are ultimately charged with a crime.
It’s time to call a criminal lawyer. Step outside of your home, close the door behind you, and ask them to refrain from searching your home or computer until your lawyer arrives. In the best case scenario, they’ll allow you to wait outside until your attorney shows up.
If the child or teenager is charged with a violent crime or sexual crime, an attorney who is immediately consulted can work to ensure that the minor stays within the juvenile court system and avoids the serious consequences of an adult felony conviction.
A misdemeanor can lead to probation or jail time and a fine. A felony conviction can restrict your activities for the rest of your life. A criminal lawyer can quickly assess what you’re up against and can guide you toward a resolution with the fewest consequences.
A search warrant can be issued for your home, your office, your storage locker, your car, your computer, or another place that the judge has probable cause to believe contains evidence of criminal activity. Search warrants can be issued for a number of different suspected crimes.
If you cannot afford an attorney, one will be provided for you.”. The key here is that only people who have been charged with a crime are Mirandized. There is often a lot of police questioning that takes place prior to a suspect being charged and taken into custody.
They can decline the interview without you having to say a (potentially incriminating) word. If for some reason an interview is in your best interest, then a criminal attorney can be present during the interview and advise you which questions are acceptable and when you should plead the Fifth Amendment.
CPS cases here in Michigan can also become complicated because these cases have their own unique terminology and procedures. An attorney who is not experienced with CPS cases will likely not be familiar with how a CPS case is typically run.
When a parent inevitably misses a class or a session, then CPS uses this against the parents, using “non-cooperation” as the offense.
CPS often uses intimidation as their main tactic. They also like to put a wedge between spouses. It’s part of the divide and conquer mentality. We often recommend that don’t given in to any of the threats CPS makes without consulting with a highly experienced CPS defense attorney first.
Anyone concerned for the safety and well-being of a child can contact CPS to make a report. Accusers may leave identifying information or remain anonymous. Friends, family, and other third-parties who witness child neglect or abuse may call and make a report, but aren't required to do so by law.
Right to Know. You have a right to know precisely why the agency is investigating you. Although most agencies won’t disclose who reported the alleged abuse or neglect, you can ask the worker to describe the allegations to you. You may also request written copies of the allegations.
The agent may request to interview you, your spouse, and your children, separately. CPS doesn’t have to tell you that they're going to meet with your child unless it’s in your home. For example, if the report comes from a teacher, CPS can interview your child at school without getting your permission.
If the situation is dire, the court may temporarily place the child with a family member or licensed foster care family while your case is pending. If your child has already been removed from your care, you should learn everything you can about working with CPS in order to regain visitation and custody.
Before you record any discussion with a CPS worker, make sure you understand your state laws on privacy and recording conversations.
You Can Remain Silent. The right to remain silent isn’t just for those who are accused of a crime. In fact, as a parent, you have the right to refuse to answer questions from the CPS agent, but tread carefully. Failure to cooperate with CPS could create serious consequences for you in the long run.
In most cases, you’ll receive notice of the upcoming hearing, and you can attend and defend yourself. However, if the allegations are severe, the court may grant an ex parte (or emergency) court order, granting the agent permission to enter your home without giving you notice or the right to a hearing.
Independently of a civil lawsuit for false accusations of a crime, a criminal charge may also be made against someone who deliberately accused you of a crime they knew you didn't commit with the intent of spurring wrongful prosecution and harm to your reputation.
Your lawsuit must show that this person knew or should have known that their statements were false, but made them anyway in order to deliberately harm you. A civil lawsuit for defamation of character via false allegations of a crime can come in two forms: slander and libel.
A defamation of character lawsuit over libel or slander also seeks to compensate the plaintiff for damages regarding humiliation, embarrassment, and mental anguish after being falsely accused of a crime. Though these aren't actual monetary losses, their value as damages can be calculated by an experienced attorney.
The difference is that slander involves oral or spoken statements made to a third party (someone other than yourself), while libel involves written, visual or Internet-based depictions which were published or publicly posted for others to read. For slander, Texas law and federal law both provide civil penalties.
A state jail felony if the person restrained was a child younger than 17 years of age ; or. 5. A felony of the third degree if: (a) The actor recklessly exposes the victim to a substantial risk of serious bodily injury;
1. The person restrained was a child younger than 14 years of age; 2. The actor was a relative of the child; and. 3. The actor's sole intent was to assume lawful control of the child. (c) An offense under this section is a Class A misdemeanor, except that the offense is: 4.
6. The person restrained was a child who is 14 years of age or older and younger than 17 years of age; 7. The actor does not restrain the child by force, intimidation, or deception; and. 8. The actor is not more than three years older than the child.
But let’s go back to the third hypothetical. There is no relationship between the client’s civil claim (equitable distribution of marital property) and the opp osing party’s alleged criminal activities (federal tax evasion). A lawyer who, by threats of criminal prosecution, exploits knowledge of the opposing party’s criminal activity to the advantage of the client in an unrelated matter “furthers no legitimate interest of the justice system, and tends to prejudice its administration." 23 Conduct prejudicial to the administration of justice violates Rule 8.4 (d). The lawyer may also be guilty of extortion—clearly a violation of Rule 8.4 (b) which prohibits criminal conduct that reflects adversely on the lawyer’s trustworthiness, honesty, or fitness. If the unrelated criminal charges are presented, the lawyer may expose the client to an abuse of process claim. There is no confusion here: under no circumstances should a lawyer present or threaten to present criminal charges primarily to gain an advantage in an unrelated civil matter. 24
Rule 4.1 requires a lawyer to be truthful in her communications with third persons. Thus, a lawyer who threatens criminal prosecution for the sole purpose of harassing the other party or who threatens criminal prosecution with no intention of bringing charges is engaging in uneth ical conduct. 13.
The manual lists the following elements of the tort of abuse of process: (1) a willful act committed by defendant, (2) with bad intent or ulterior motive, (3) after valid process has been issued, (4) whereby the defendant attempts to use the process to accomplish a purpose for which it was not intended.
A lawyer shall not present, participate in presenting, or threaten to present criminal charges to obtain an advantage in a civil matter unless the criminal charges are related to the civil matter and the lawyer reasonably believes the charges to be well grounded in fact and warranted by law [revision in italics].