How JustAnswer Works:
  • Ask an Expert
    Experts are full of valuable knowledge and are ready to help with any question. Credentials confirmed by a Fortune 500 verification firm.
  • Get a Professional Answer
    Via email, text message, or notification as you wait on our site. Ask follow up questions if you need to.
  • 100% Satisfaction Guarantee
    Rate the answer you receive.
Ask Law Educator, Esq. Your Own Question
Law Educator, Esq.
Law Educator, Esq., Lawyer
Category: Criminal Law
Satisfied Customers: 118210
Experience:  Attorney with over 20 years law enforcement, prosecution, civil rights and defense experience
Type Your Criminal Law Question Here...
Law Educator, Esq. is online now
A new question is answered every 9 seconds

We have been falsely accused of aggravated abuse and ...

Resolved Question:

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: 9 years ago.
Category: Criminal Law
Expert:  Law Educator, Esq. replied 9 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.

I hope you found my answer helpful, please click on the GREEN ACCEPT for each of my answers. This is necessary for me to be paid for my work and so that I can get credit for assisting you. Your question will not close, and you will still have the opportunity to follow-up if needed. Leaving a bonus and positive feedback is not required, but doing so is certainly appreciated!

If you have additional questions, please keep in mind that I do not know what you already know or don't know, or with what you need help, unless you tell me. Please consider that I am answering the question or question that is posed in your posting based upon my reading of your post and sometimes misunderstandings can occur. If I did not answer the question you thought you were asking, please respond with the specific question you wanted answered.

Also remember, sometimes the law does not support what we want it to support, but that is not the fault of the person answering the question, so please be courteous.

There can also be a delay of an hour or more in between my answers because I may be helping other customers or taking a break.

Law Educator, Esq. and other Criminal Law Specialists are ready to help you