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My son is being accused of a crime. The people who are accusing

Customer Question
him filed a police report...
My son is being accused of a crime. The people who are accusing him filed a police report at CPS. The report states that their are some illeageal activities going on in the home against the kids of that live in that home there including the accuser. My question is this; what are the responsibilities of the police dept., CPS worker, and my sons attorney to make sure that the statements about what is going on in that home is true or false? Since they involve other kids? This would be huge in my mind proving if there is truth to the allegations, and if it proves the accuser is telling the truth or is lying.
Submitted: 7 years ago.Category: Criminal Law
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Answered in 7 minutes by:
3/11/2010
Criminal Lawyer: AttorneyTom, Lawyer replied 7 years ago
AttorneyTom
AttorneyTom, Lawyer
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Thank you for your question.

What follows may or may not be what you want to read. However, please do not shoot the messenger. While I can control the quality of an answer, my control over the content of an answer is restrained by the truth.


The primary concern of CPS is going to be to protect the children from harm. However, if the CPS workers believe that abuse or other dangerous activity is occurring in the home, they're going to need to substantiate that belief in order to protect teh children. If CPS workers can't substantiate that concern, your son will be entitled to the return of his children. In other words, if CPS workers believe the children are endangered, they'll typically try to gather information to that effect.

If law enforcement decides to charge him criminally for the conduct, law enforcement will investigate the matter to develop evidence on which to base a conviction. Because the state has the burden of proving beyond a reasonable doubt that a criminal defendant is guilty, the state typically attempts to gather evidence to do so.

However, it's also important to understand that law enforcement really doesn't typically have a legally enforceable to perform its duties as to any particular person, though it typically attempts to do so in good faith. Silly concept, I know.

Your son's attorney's job is to represent your son. Your son's attorney should not help the state make a case against your son, nor should he share information related to the case with you.

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Edited by T-USA on 3/11/2010 at 12:09 AM EST
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Customer reply replied 7 years ago
Thank you but. I might not have written the question correctly for you to understand. My son is being accused of a crime against the accuser (who is a minor), they are not his children. The accuser is a minor who is being assisted to file a complaint by his girl friends mother. The acusers (real) mother is having a hard time believing what her child is accusing my son of. The girl friends mother has accused the other mother of using drugs, being a drunk, and physical abuse against the accuser and the siblings. My question is shouldn't someone check the validity of the accusation, since there are other kids that are in harms way. and would prove that the accuser or lead to some question on the accusers truthfullness.
Criminal Lawyer: AttorneyTom, Lawyer replied 7 years ago

Please Note: Your deposit will not be applied to this question unless you click accept. JustAnswer provides me with absolutely no compensation. I receive no salary or hourly wage from JustAnswer. I receive nothing at all for my time spent responding to your question unless you click accept. Your gratuity is appreciated.


If such accusations are made, the state would typically investigate the matter if the accusations appear to have some semblance of legitimacy. The investigation by CPS or law enforcement serves the purpose of checking the validity of the accusations. Granted, that's a pretty intrusive and serious investigation. However, that's the purpose such agencies serve.

If your son or the mother of the child is falsely accused of inappropriate conduct, the accused could have grounds to sue the accuser. Your son could potentially sue for defamation (if the accusations are made to third parties) or malicious prosecution (if the accusations are made to law enforcement, CPS, etc.). The mother of the child could have those grounds for suit (and potentially others since the other woman is interfering with her relationship with her child).

Please remember to click accept so that I will receive credit for my time and effort spent responding to your question. Bonuses are always greatly appreciated.

If you need additional clarification of this response, please ask a follow-up question and I will be happy to clarify.

Sincerely,
T

_____________________________________


Please click the green
Accept Button and leave Positive Feedback so that I receive credit for answering your question. Bonuses are always greatly appreciated. I do not receive any payment at all from JustAnswer unless you click accept.

Please remember: Feedback is left for me as an answerer. Please do not shoot the messenger. My control over the content of the answer is limited by the restraint of truth.


_____________________________________


Disclaimer: By engaging in this correspondence, you agree to and understand the following:
No attorney-client relationship is formed through this correspondence. The following information provided for educational purposes only and is not legal advice/legal services. Correspondence through JustAnswer is visible to the public. T-USA is not familiar with your situation and could not possibly provide legal advice/legal services through JustAnswer. T-USA does not claim to be licensed to practice law in the state for which this information is provided. The information provided in this correspondence cannot and should not be relied on for legal purposes.
If you need legal advice/services you should seek a local attorney as soon as possible. You can find a local attorney at
http://www.lawyers.com or http://www.martindale.com.



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