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jamest, Private Investigator
Category: Criminal Law
Satisfied Customers: 372
Experience:  Investigator of criminal law cases, especially Florida law. Work with retailers, others, consultant
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On 12/23/2008 about 1 00PM while my children and my

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On 12/23/2008 about 1:00PM while my children and my nephews played together around the house while I myself tryed to get things together for X-Mas eve my 24 mon. baby bot some how got into the bathroom and into the tub and was burned,the water was maked wrong (hot was where cold should be, and cold was where hot should have been)My son had 1st and 2nd degree burns from his toes to his waist. My son went right into shock and I was never able to see him for 2 or 3 days because it was baby was floned to Boston Massachsetts General where he was put into a Drug industed coma. The Dr''S at MGH claim my son had a low amount of cocain in his system,this I know not one thing about. this is the question were the DR''S at MGH able to do a blood toxicity without a parent,At bit of information Department of Social Serivices step in And also took the older children into custody that night My baby son aws the transfered to Shinner Boston Children Hospital where he stayed till Good Friday.
Submitted: 9 years ago.
Category: Criminal Law
Expert:  jamest replied 9 years ago.
If criminal charges are brought and you are unable to afford an attorney, the court will appoint one or refer the case to the public defenders office. Hospitals often do tests on patients to determine a range of things, since this was a medical emergency and he would likely need to be treated with some medication, they will want to know if there are any drugs in the child's system which may adversely react to the medicine they intend on delivering, and treatment may need to be modified to account for this.
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Customer: replied 9 years ago.
when the hospital did the toxic screening we still don't know who gave them permisstion.DSS did not have custory of my children yet so who let this happened yet because the older children were not taken from the home till 12:30 AM till that Thursday.The police went to take picture's of the crime scene only,but they looked every where I don't what they were looking for they had no warrentwe now need a criminal lawyer and now we are about to be arrested. the DSS lawyer is not criminal so whats our next step>>>>>
Customer: replied 9 years ago.
The DA and the Police claim the case needs to close. the Judge told DSS they had on proof With all the bad press Massachuetts and DSS has been getten I think they want to make this an exsampel they have no proof,This was a terrible accident, but it seems to me soneone has to take the blame
Expert:  jamest replied 9 years ago.
At the hospital they do not need consent to run a test on a patient in an emergency case, they almost always do. After the child was unconscious, the child does not know what it has or has not ingested, it does not know it's allergic reactions, and it cant give a reliable account of the events. When a child is brought for treatment there are three possibilities really. 1. Child abuse 2. Child neglect or 3 that the child sustained the injury in some way that was unforgeable, that a reasonable guardian might not notice. In many cases the hospital is required to forward information to police, since the child may not know exactly what happened, and at that point the parents are potential suspects and may not be truthful in an attempt to minimize their part, I am NOT saying this is what happened, I am saying this is what the medical staff is faced with, and they have to make the decision based on their knowledge and training. People can make mistakes and lie, a test is much more accurate, a test doesn't care what happened or who did what, it is completely neutral, it can be done improperly and that can be challenged in court, but generally they are more reliable.

I do feel for your situation and i do believe you meant no harm that this is a tragic accident. As a parent it is very hard to remain objective and emotions can cloud the picture. that doesn't help anyone, your more likely to make a mistake or say something you may later regret, as things can be twisted and manipulated.

If any when you are arrested, if you can not afford an attorney, the judge will appoint one or assign the case to the public defenders office and they will handle the defense. If they are going to arrest you then they are going to, there won't be much you can do to stop it, the best thing is damage control, not to further incriminate yourself unintentionally. If you speak to the police without an attorney present you may have waived all your rights within the first hour, they are tricksters. The hardest thing to do is to patiently wait for them to get arrest warrants and come to your home, if you have family local who your children can stay with, that would be good, as it will be even more traumatic on them.
Customer: replied 9 years ago.
I police a tricksters alright.As of right now All my babys are in foster care, my 11 yrs old, my only daughter my middle son 6 yrs old my 24 month old baby that got burnt, the childern have never been away from me and their father. On the day we do see them, we're not to talk about what happened to the baby( like it never happened thats DSS) they want to know all About their baby brother,they were there when he got hurt they did see him, now were not to talk about him.thank God my son was a strong boy.He is getting better day by day God is good all the time.We don't know how long it will take till they are hoe as a family. Intervention,classes evaluations,couseling and then home If the don't get it together in 12 months DSS may suggest adoption .I'll get the court appointed Lawyer. As a parent I'll do what ever I can to get my family back We'll kept on kepting on.
Expert:  jamest replied 9 years ago.
Follow the advice of the attorney the court appoints to represent you, the court has seen cases like this before, accidents do happen. The court is generally not interested in destroying a family over one isolated mistake, judges are people too and many have families. Adoption is a last resort, one incident does not mean your unfit to be a parent or a bad parent, since this is the first time anything like this has happened, and you have an 11 year old daughter, if you were a terrible parent there would have been other incidents like this. The best thing to do is to stay calm and cool, do not go Brittany spears or anything. I don't mean that in a bad way it is just under stress sometimes it brings out the worse in people and that not a fair judgment of a person, but it can be a distraction. If charged with endangerment, this would be a crime of omission not commission, meaning it wasn't that you did something, it was something you did not do. The more you talk about it the more stressful it will be and you don't want to present that to the court. You want to show the court that you have and will continue to provide for and care for your children, aside from the accident, which wont happened again because your now aware of the danger, and you can prevent it from happening again. I do not know your moral or religious background, but if you are religious; support from the clergy can help show sincerity, it isn't necessary, but it is something to consider, even asking a member of the clergy to appear in court with you, not to testify, just to sit in the seats behind the defense table and bring moral support, it may make an impression on the judge and if you are religious it may also help you emotionally since these events are so full of emotion and fear. As i said, if they are going to arrest you then they will, it is just a question of when, the more prepared you are the better. It is impossible to know what the court will do, but being prepared certainly helps.