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Law Educator, Esq.
Law Educator, Esq., Lawyer
Category: Criminal Law
Satisfied Customers: 110447
Experience:  Attorney with over 20 years law enforcement, prosecution, civil rights and defense experience
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We have been falsely accused of aggravated abuse and ...

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We have been falsely accused of aggravated abuse and battery and are now stuck in the cps system. We have the best criminal defense atty in town. The cps has accused us of "intentional suffocation of a 4month old that was found not breathing and rushed to the hospital twice!! Once for Mom doing cpr to save his life; and the second six hrs after hospital discharge for his eyes not looking right . He would be admitted for seizures and stayed for two more weeks. We lost our first child to SIDS 6 years ago yet the death certificate shows undertermined death. We had autopsy; criminal investigation and were cleared. DCF not involved 6 years ago. CPS has removed two healthy older kids 5yrs, 3yrs from our home. So far we have been to county court twice to prove probable cause; a circuit court hearing to only deny the petition; and now an arraignment set for 7/10 and we wil push for dismissing the case at the adjudicatory hearing in August. How do you beat the cps w/o case plan?
Submitted: 8 years ago.
Category: Criminal Law
Expert:  Law Educator, Esq. replied 8 years ago.
Unfortunately, CPS in Florida is one of the most powerful CPS units in the country and there have been people battling with them for years even when there was no injury to a child. You will need to be persistent and ready for a long battle with them. CPS has broad authority and the courts usually bow to the opinion of CPS. If you have the best defense lawyer you can get, then you will need to trust him. You should be using experts to prove that the injury or death to the child was not your fault and the death was from natural causes. However, even with experts, CPS still holds all of the cards and you are in for an extremely long battle. I am sorry that I could not give you more positive information, but if you check around, you will find thousands of people just like you in Florida trying to fight CPS and they are all having the same problems.

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