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Law Educator, Esq.
Law Educator, Esq., Lawyer
Category: Criminal Law
Satisfied Customers: 91092
Experience:  Attorney with over 20 years law enforcement, prosecution, civil rights and defense experience
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What forms would you need to file a criminal complaint against

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What forms would you need to file a criminal complaint against CPS for detaining a child without proof of neglect or injury. The child has been in someones home for almost 2 years because they want to adopt the child they are trying to prove me an unfit mother. I am 20 live with and raised by my grandmother and I was raped at a party. I have fulfilled all the requirements the court ordered and CPS still will not release my child. Once the judge gave reunification to me, another report was made that I had used blunt force trauma on the child. This was treated as a separate case. The police told us if we took a lie dector test that would prove innocense and they could not keep the child any longer. Instead they are making us go to court on March 14th for the charges. What can we do to get my child. They now have placed him in a Foster care and I have only seen him once. He is not the same 23 mo old child. It's so clear that we love him and are good to him but this other party is working with CPS to take him away. We can't afford an attorney but I will do everything I can to reunite with my child. Even the officer told us that we should get a lawyer and sue CPS for violation of my rights. We have very little time before they will try to remove my parental rights and then it will be too late to do anything about it. Please help us to know what to do.
Submitted: 1 year ago.
Category: Criminal Law
Expert:  Fran-mod replied 1 year ago.
Hi, I'm a moderator for this topic. I've been working hard to find a professional to assist you right away, but sometimes finding the right professional can take a little longer than expected.

I wonder whether you're ok with continuing to wait for an answer. If you are, please let me know and I will continue my search. If not, feel free to let me know and I will cancel this question for you. Thank you!
Customer: replied 1 year ago.


I sent the information and paid the 21$ to find out how to start proceedings against Riverside County CPS for not following the correct procedures with my case. I have been told by several people now even the foster care mom who has him now that have violating my rights as his biological mother. Can you help me or not? Am I wasting my time and money going to you? If so I will find another way. As I told you before we cannot afford to hire an attorney unless they would be willing to take the case pro bono or make payments. Everyone we have talked with have told us that we can win the case against CPSA and we could be awarded money we could use to pay the attorney. However they usually want a retainer up front. Please continue to look for someone to assist me with my questions, which is why I paid the 21$ in the first place.

Expert:  Wendy-Mod replied 1 year ago.

Thank you for your patience. We will continue the search for a Professional for you.

Regards,

Wendy
Expert:  Law Educator, Esq. replied 1 year ago.
I am sorry to hear you are going through this nightmare as CPS is one of the most incompetent and negligent agencies that you will ever deal with. Before you can sue them, however, you must defeat these new charges in court and get cleared. Once you are cleared of these charges, then you can take the evidence and file suit against CPS for gross negligence and if they lied and fabricated evidence you would present that evidence and seek damages for pursuing you over their trumped up charges. Unfortunately, you are going to have to pay an attorney a retainer and we cannot represent anyone for $21, it is not allowed by the rules of this service and there are attorneys out there in every state who will take cases against CPS on payment plans and for a share of any money they win for you, but you have to look for them and call around for family law attorneys who handle CPS abuse cases specifically and you can start with calling the state bar and also using the same sites used by other attorneys, http://www.martindale.com, http://www.lexmundi.com or http://www.hg.org.

Also, you are entitled to an appointed attorney on these current charges and you need to go to the public defender's office to get one appointed to represent you to make sure you can get the current charges dismissed or found not guilty in court so you can then proceed to civil court against CPS for your damages.



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Law Educator, Esq., Lawyer
Category: Criminal Law
Satisfied Customers: 91092
Experience: Attorney with over 20 years law enforcement, prosecution, civil rights and defense experience
Law Educator, Esq. and 5 other Criminal Law Specialists are ready to help you

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