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Roger
Roger, Attorney
Category: Legal
Satisfied Customers: 26694
Experience:  BV Rated by Martindale-Hubbell; SuperLawyer rating by Thompson-Reuters
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Can I move to Indiana if I am under Investigation by DHS &

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Can I move to Indiana if I am under Investigation by DHS & The Attorney General's office in the State of Mississippi for supposed neglect? I am presently under a three month family plan. I signed it on the 11th of March, 2013. However, since then, the Attorney General's Office Investigator came to my home with an officer to check it out because the DHS worker sent it to the Attorney General's Office. A disgruntled boyfriend went around town trashing me and my false statements. While he was doing so, he made a statement that "Robert was always tied to the say Damn chair." What he meant was that Robert was always sitting in the same chair in the living room. He complained about this because he did not want Robert in the room with him when he was in there watching T.V.
Submitted: 1 year ago.
Category: Legal
Expert:  Roger replied 1 year ago.

Kirk Adams : Hi - my name is XXXXX XXXXX I'm a litigation attorney in Mississippi. Thanks for your question.
Kirk Adams : Is there a court order in place telling you that you can't leave the state OR do you have a bond OR some other document that says you can't leave the state?
Customer:

No Sir

Customer:

I have not been arrested for anything. Robert and I both have job offers in Indiana with the same company and we need these jobs.

Kirk Adams : Thanks. If there is no court order that says you can't leave AND if there' s no court order that says the children can't leave the state, then there's nothing keeping you from going.
Customer:

This is a Vulnerable Adult case. He has lived with me as a family member for 9 1/2 years.

Kirk Adams : Ok. You'll just need to make sure that there's no order in the court file that says you can't leave the state, or no bond that requires you to remain in the state until the case is over.
Customer:

How do I find out that information.

Kirk Adams : If there's an order, it should be in the court file.
Customer:

Is it free to find out

Kirk Adams : Yes.
Kirk Adams : You'd know if you had to post a bond.
Customer:

What area of the court house do I go to to look. I never posted a bond

Customer:

I was not arrested for anything

Kirk Adams : You would go to the court clerk's office and ask to look at the file to see if there's an order that says you can't leave the state. if you haven't been arrested, it's not likely that there's such an order.
Customer:

If the Attorney General's office visited here already with an officer, but I was not arrested for anything does that mean their involvement is most likely over?

Kirk Adams : Not necessarily - - it may just mean that they don't have enough to charge you. BUT, if they've collected all there is, then that would likely be the end of it.
Customer:

Do they have any limited amount of time to prosecute this case or can it go on forever?

Kirk Adams : 3 years.
Customer:

Wow! Well, there is nothing to find anyway, because I did not do anything. They will not listen to Robert when he says something good about me, but if they think he might have something negative to say, they are all ears. I was just wondering why?

Customer:

He has already told them nothing happened. Why aren't they listening to him?

Customer:

Can the case still be open at the Attorney General's office for three years even if DHS closes the case with me?

Kirk Adams : They may think that you're influencing him to say nothing happened, etc. That's just the way they operate.
Kirk Adams : The AG's office and DHS should be working together, so if the case is closed it should be over on all levels.
Customer:

Can the case still be open at the Attorney General's office for three years even if DHS closes the case with me?


Kirk Adams : yes
Kirk Adams : They have 3 years from the date of the alleged incident to file charges.
Customer:

Ok. The three month family plan is over on June 11th 2013. Does that mean the case will be closed as well?

Kirk Adams : More than likely, it will end at that point.
Customer:

Ok. One more question. Can the AG's office request and/or monitor phone records?

Kirk Adams : Yes, the AG's office has the power to issue a subpoena for these records.
Customer:

Ok. that was just a curiosity question, Sorry. Can I get the case transferred up there to Indiana if I move there before the Family plan is over. Also, do I have to tell them before I move or can I tell them last minute to avoid being harrassed?

Kirk Adams : No, the case wouldn't be transferrable because the alleged acts occurred in Mississippi.
Customer:

So, do I have to finish the family plan first?

Kirk Adams : IF you've agreed to complete a family plan, then you would have to do so. If you left before it was over, DHS could get a court order finding you in contempt of court and have a warrant issued for you.
Customer:

Okie dokie. But after the family plan is over, does the case have to be closed before I move or can I leave after the family plan is completed?

Kirk Adams : No, you should be able to move after that because your obligation is over at that point.
Customer:

Ok. Thank you very much! I appreciate your patience! God Bless!

Kirk Adams : No problem. Glad to help. Let me know if you need anything else.
Customer:

Ok. Thank you!

Kirk Adams : Sure.
Customer:

P.S. Are you still there? What if I moved but it was only 35 or so miles away, but still in Mississippi?

Kirk Adams : That's no problem. As long as you're in the state, you should be fine.
Kirk Adams : But, you would need to let DHS know.
Customer:

Ok. Thank you

Kirk Adams : Sure.
Roger, Attorney
Category: Legal
Satisfied Customers: 26694
Experience: BV Rated by Martindale-Hubbell; SuperLawyer rating by Thompson-Reuters
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Expert:  Roger replied 1 year ago.
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