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CrimDefense, CriminalDefenseAtty
Category: Criminal Law
Satisfied Customers: 23426
Experience:  9+ years defending Misdemeanor and Felony cases.
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I currently have a civil case for child abuse. My lawyer advise

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I currently have a civil case for child abuse. My lawyer advise that he will be requesting for a dismissal of the charges. I am in the process of completing parental classes and anger management classes so that they could reunite me with my kids. Could criminal charges still be filed if not filed as of yet.

Hi! I will be the professional that will be helping you today. I look forward to providing you with information to help solve your problem.

Good morning. I certainly understand your situation and concern. Yes, you could still be facing criminal charges. The reason being, is that child abuse is a crime against the State of Florida. The child is the victim and the State represents their interest. It is separate from the civil case and is at the discretion of the State to prosecute. However, there is a statute of limitations. That is the time in which the State has to charge you. Depending on if the charges are filed as a misdemeanor or felony and the degree, the time would range from 2 to 4 years, in which they have to charge you.

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Customer: replied 3 years ago.
If charges are filed is they away to avoid them from showing up on a record. Because I will be unable to obtain any job if they do charge me?
Unless the criminal case is dismissed against you, it would appear on your record. Crimes against the children, even when the defendant receives a withhold of adjudication, are not eligible to be expunged either. I do understand how hard this could be to have on your record, so if the State does file criminal charges, you may have to take the case to trial and make the State prove the charge against you, beyond a reasonable doubt, if you want to try and avoid this.
Customer: replied 3 years ago.
Would the state be more inclined to dismiss if after working with cps and taking classes and they deem me as fit. Do you think I should speak to the state attorney to ask if they would not file charges if I comply with CPS.
I think those are things which the State would order if a sentence was imposed by the court, if there were criminal charges filed and you took a plea or were found guilty at trial. The last thing a person wants to do is speak with the State Attorney about filing criminal charges, if none have been filed yet. The matter should be left alone, if they have not charged you criminally yet. As such, you want to focus on the civil case, resolve that and move on.
Customer: replied 3 years ago.
Thanks for your information. It has been very helpful. Last question. This is the first time this has ever happened how likely would it be that we got the kids back while completing the classes. Not saying full custody I know that will come at the precluding of the case. Saying them returning home while completing classes.
That is at the discretion of the State and CPS based upon the best interest of the children and them finding that the children can be properly cared for. Your attorney can always ask and file a motion with the court, seeking limited or supervised visitation at this time but actual custody while this is going on will not likely be considered until it is demonstrate the child can be placed back into a safe environment. Please let me know if there is anything else, as I would be happy to answer it. If not, please remember to rate my help with 3, ,4 or 5 faces, so I can get credit for my answer.
I just wanted to follow up and see if you had any other questions or needed me to clarify something. I am here to help, so please let me know. Thanks!
Customer: replied 3 years ago.
Unsure if you received last response
I am sorry but it did not appear to go through. If you could please resend it, I would be happy to respond.
Customer: replied 3 years ago.
Would you have any idea how long that process can take. And do they have a limit legally to keep children away from parents. My kids are suffering emotionally now, crying every day I leave. I have basically unlimited visitation to the kids and I usually see them everyday since they was removed. But it's taking the toll on the kids. They are ready to come home but the judge will not listen to a nine and eight year old for there best interest. I would like to have the kids back as soon as possible. Anything legally that I can do or request to get them back ASAP. If I put you as excellent now will that terminate this conversation.
The State has the final say of when the children should be returned to the home. Once you comply with and complete what the State is requesting, they will evaluate at that time, if the children should be returned. As far as how long, there is no exact way to determine that but shortly after you do everything that they ask, it should considered by them. The only thing you could do is have your attorney file a motion with the court, asking that the children be returned ASAP as a result of the great progress you have made with the classes and how you have complied with everything. The attorney can use the emotional toll this is taking on them, to show the Judge that it is best if they return home with you.
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