Criminal Law

Criminal Law Questions? Ask a Criminal Lawyer.

Ask a Lawyer,
Get an Answer ASAP!

Criminal Law

I HAVE BEEN TAKING CARE OF A FAMILY MEMBER PLACED WITH ME IN

Customer Question
MY HOME BY CPS....
I HAVE BEEN TAKING CARE OF A FAMILY MEMBER PLACED WITH ME IN MY HOME BY CPS. I DO NOT FEEL THAT I WAS GIVEN ALL OF THE INFORMATION TO MAKE AN INFORMED DECISION ON THIS CHILDS MENTAL HEALTH AND WAS STABBED WHILE HE WAS IN MY CARE. DO I HAVE ANY RECOURSE IN SUEING THE STATE FOR PAIN AND SUFFERING I AM HAVING DUE TO THE CHILD STABBING ME? ALSO I DID NOT PRESS CHARGES WHAT HAPPENS NOW?
Submitted: 7 years ago.Category: Criminal Law
Show More
Show Less
Ask Your Own Criminal Law Question
Answered in 41 minutes by:
6/1/2010
Criminal Lawyer: Zoey_ JD, JustAnswer Criminal Law Mentor replied 7 years ago
Zoey_ JD
Zoey_ JD, JustAnswer Criminal Law Mentor
Category: Criminal Law
Satisfied Customers: 28,717
Experience: Admitted to NYS Criminal defense bar in 1989. Extensive arraignment, hearing, trial experience.
Verified
Chat Conversation Started
FranL :

Hello,

If you felt that CPS was somehow negligent in failing to inform you with knowledge about this child's emotional history that they had and you did not, and that had a duty to inform you before you agreed to taking this child into your household, and that as a result you were stabbed, you may be able to sue and recover for your medical expensive and incidental damages. You would need to sit down with a civil lawyer who could hear all of the background in private and in confidence and give you an idea of the strength of your case.

I don't know how long ago this incident happened, but there is a two year statute of limitations on a personal injury suit in Arizona. That means that you only have two years from the event to initiate suit. A civil lawyer can be expensive, but if your suit sounds like a good one to him, he would likely be willing to take your case on a contingency basis. That means apart from filing fees and certain expenses agreed to in advance, you only pay him if he wins. Then he gets around a third of your settlement or judgment. If enough attorneys tell you that they won't take your case on contingency, it's usually because they don't think they can win it. Then you'd have to decide whether it's worth paying a lawyer up front or whether to drop the idea as something unlikely to get you what you want.

I don't know why you chose not to press charges. A civil lawyer might think that your failure to have pressed criminal charges could hurt your civil suit, and that's a matter you would have to take up with the lawyer. The criminal statute of limitations on a felony assault would be 7 years, which means that if this happened less than 7 years ago, you could still press charges. You would not need to pay a lawyer to press criminal charges against the juvenile, as it would all be done through the police and prosecutor, but you would not be able to recover monetary damages as part of this sort of action.

If you want to speak to a local lawyer and scope out exactly what can get done for you (and for how much) you can get a referral for an inexpensive, ($50 or less) one-time, half-hour consultation with a personal injury litigator and, as I said above, share your facts and evidence with him by contacting the Lawyer Referral Service of the Arizona State Bar Association. They guarantee a referral to a member of the bar in good standing, and they don't require you to hire the lawyer after the consultation, unless you want to.

I have linked you to their site.

Good luck!

If I've helped, please click the green Accept button so I can get credit for my work.

Live Chat will close but you can continue to post follow-ups on this thread if you need clarification.

Zoey_ JD
Zoey_ JD, JustAnswer Criminal Law Mentor
Category: Criminal Law
Satisfied Customers: 28,717
Experience: Admitted to NYS Criminal defense bar in 1989. Extensive arraignment, hearing, trial experience.
Verified
Zoey_ JD and 87 other Criminal Law Specialists are ready to help you
Ask your own question now
Ask Zoey_ JD Your Own Question
Zoey_ JD
Zoey_ JD
Zoey_ JD, JustAnswer Criminal Law Mentor
Category: Criminal Law
Satisfied Customers: 28,717
28,717 Satisfied Customers
Experience: Admitted to NYS Criminal defense bar in 1989. Extensive arraignment, hearing, trial experience.

Zoey_ JD is online now

A new question is answered every 9 seconds

How JustAnswer works:

  • Ask an ExpertExperts are full of valuable knowledge and are ready to help with any question. Credentials confirmed by a Fortune 500 verification firm.
  • Get a Professional AnswerVia email, text message, or notification as you wait on our site. Ask follow up questions if you need to.
  • 100% Satisfaction GuaranteeRate the answer you receive.

JustAnswer in the News:

Ask-a-doc Web sites: If you've got a quick question, you can try to get an answer from sites that say they have various specialists on hand to give quick answers... Justanswer.com.
JustAnswer.com...has seen a spike since October in legal questions from readers about layoffs, unemployment and severance.
Web sites like justanswer.com/legal
...leave nothing to chance.
Traffic on JustAnswer rose 14 percent...and had nearly 400,000 page views in 30 days...inquiries related to stress, high blood pressure, drinking and heart pain jumped 33 percent.
Tory Johnson, GMA Workplace Contributor, discusses work-from-home jobs, such as JustAnswer in which verified Experts answer people’s questions.
I will tell you that...the things you have to go through to be an Expert are quite rigorous.

What Customers are Saying:

Your Expert advise has provided insight on a difficult situation. Thank you so much for the prompt response. I will definitely recommend your website to my friends.

NormaPensacola, FL

Mr. Kaplun clearly had an exceptional understanding of the issue and was able to explain it concisely. I would recommend JustAnswer to anyone. Great service that lives up to its promises!

Gary B.Edmond, OK

My Expert was fast and seemed to have the answer to my taser question at the tips of her fingers. Communication was excellent. I left feeling confident in her answer.

EricRedwood City, CA

I am very pleased with JustAnswer as a place to go for divorce or criminal law knowledge and insight.

MichaelWichita, KS

PaulMJD helped me with questions I had regarding an urgent legal matter. His answers were excellent.

Three H.Houston, TX

Anne was extremely helpful. Her information put me in the right direction for action that kept me legal, possible saving me a ton of money in the future. Thank you again, Anne!!

ElaineAtlanta, GA

It worked great. I had the facts and I presented them to my ex-landlord and she folded and returned my deposit. The 50 bucks I spent with you solved my problem.

TonyApopka, FL

< Previous | Next >

Meet the Experts:

Ely

Ely

Counselor at Law

3,194 satisfied customers

Private practice with focus on family, criminal, PI, consumer protection, and business consultation.

P. Simmons

P. Simmons

Lawyer

2,063 satisfied customers

16 yrs. of experience including criminal law.

RobertJDFL

RobertJDFL

Lawyer

1,862 satisfied customers

Experienced in multiple areas of the law.

LawTalk

LawTalk

Lawyer

1,815 satisfied customers

30 years legal experience

Nate

Nate

Lawyer

1,736 satisfied customers

Over 10 years of criminal defense practice.

Marsha411JD

Marsha411JD

Lawyer

1,631 satisfied customers

Licensed attorney with 29 yrs. exp. in criminal law

AttorneyTom

AttorneyTom

Lawyer

1,242 satisfied customers

Attorney

< Previous | Next >

Related Criminal Law Questions
My girlfriend was charged with a criminal offense and is
My girlfriend was charged with a criminal offense and is using the local version of the "Public Defender" as her attorney. This particular case is a misdemeanor, but it relates to a felony conviction … read more
Dwayne B.
Dwayne B.
Juris Doctor
28,693 satisfied customers
My girlfriend was charged with a criminal offense and is
My girlfriend was charged with a criminal offense and is using the local version of the "Public Defender" as her attorney. This particular case is a misdemeanor, but it relates to a felony conviction … read more
Bill Attorney
Bill Attorney
law
1,596 satisfied customers
I'm looking for a criminal defense attorney in the Miami FL
I'm looking for a criminal defense attorney in the Miami FL area … read more
PaulmoJD
PaulmoJD
Attorney At Law
Doctoral Degree
106 satisfied customers
I live in the state of or this is for a law criminal lawyer.
I live in the state of Virginia or this is for a Virginia law criminal lawyer. A neighbor called the police in April of 2016 as she thought I was too noisy. She moved out in September of 2016. She and… read more
Thelawman2
Thelawman2
Doctoral Degree
1,295 satisfied customers
If a Plaintiff in a case, engaged in a criminal act, and
If a Plaintiff in a case, engaged in a criminal act, and that individual was the Plaintiff of a case which the State was representing; what effect would that have on their case standing?… read more
Dwayne B.
Dwayne B.
Juris Doctor
28,693 satisfied customers
Should a criminal case be stayed or request for later
Should a criminal case be stayed or request for later pretrial hearing for premarked exhibits if there are pending proceedings for two civil cases related to a federal criminal case that may change th… read more
WiseOwl58
WiseOwl58
JD Honors Graduate
3,712 satisfied customers
My son has a third-degree juvenile felony adjudication in
My son has a third-degree juvenile felony adjudication in Texas, dating back to 2013. He is 20 now. Can he purchase a long gun? … read more
Zoey_ JD
Zoey_ JD
JustAnswer Criminal Law Mentor
28,717 satisfied customers
Is providing false affidavits a criminal action and if so if
is providing false affidavits a criminal action and if so if an arrest or mitmus is issued on that basis, is that also a criminal action.… read more
Zoey_ JD
Zoey_ JD
JustAnswer Criminal Law Mentor
28,717 satisfied customers
In Massachusetts. A police report filed for Criminal
In Massachusetts. A police report filed for Criminal Harassment (c265, s43A) contained firearms license status, and "he purchased 20 guns in the year leading up to this dispute." No malice, no threats… read more
James Daloisio
James Daloisio
Attorney
Doctoral Degree
82 satisfied customers
A friend was charged with criminal possession of a firearm,
Good afternoon. A friend was charged with criminal possession of a firearm, it was pled down to "attempted criminal possession of a firearm", and he received a 2.5 year sentence. He has already been i… read more
Zoey_ JD
Zoey_ JD
JustAnswer Criminal Law Mentor
28,717 satisfied customers
I live in WV. I just came from juvenile court for truancy
I live in WV. I just came from juvenile court for truancy against my 17 year old son. The attendance officer had multiple doctor excuses in hand, and stated some were real and some were fake. The judg… read more
PaulmoJD
PaulmoJD
Attorney At Law
Doctoral Degree
106 satisfied customers
I have a juvenile record that shows up on my FBI background
I have a juvenile record that shows up on my FBI background check. I have been denied to try and purchase a handgun but I am an Active Duty Army Soldier, I am confused how this can happen? … read more
Michael Bradley
Michael Bradley
JD
1,192 satisfied customers
It's a criminal law question It's a criminal law question.
It's a criminal law question It's a criminal law question … read more
Nisha Jones, Esq.
Nisha Jones, Esq.
Juris Doctorate
1,779 satisfied customers
An adult neighbor, threatened my juvenile son (17) this
An adult neighbor, threatened my juvenile son (17) this morning, saying he was going to kill him, along with a whole host of profanity and vulgar language, he called me and I told him to go inside and… read more
Zoey_ JD
Zoey_ JD
JustAnswer Criminal Law Mentor
28,717 satisfied customers
I have a friend that were sentence under the new juvenile
I have a friend that were sentence under the new juvenile law, of Rover Vs Alabama in 2012. The law states that its cruel and unconstitutional for juvenile to have a life sentence. if some was resente… read more
Legalwriter
Legalwriter
Attorney
Juris Doctor
201 satisfied customers
Can a county attorney file charges on a juvenile that caused
Can a county attorney file charges on a juvenile that caused minor damage to personal property when the owners of the personal property are not filing charges? Especially when the minor admitted it to… read more
Alex Esquire
Alex Esquire
Managing Attorney
Doctoral Degree
153 satisfied customers
If a juvenile and an adult get into a physical altercation
If a juvenile and an adult get into a physical altercation and the juvenile causes bodily harm but the adult does not why do they charge the juvenile with battery and the adult with nothing? Aren't th… read more
Zoey_ JD
Zoey_ JD
JustAnswer Criminal Law Mentor
28,717 satisfied customers
If a person was registered as a juvenile sex offender in
If a person was registered as a juvenile sex offender in Wisconsin and didn't have to be on the adult site would that change if they were moving to Florida… read more
Ray
Ray
Lawyer
Doctoral Degree
30,865 satisfied customers

DISCLAIMER: Answers from Experts on JustAnswer are not substitutes for the advice of an attorney. JustAnswer is a public forum and questions and responses are not private or confidential or protected by the attorney-client privilege. The Expert above is not your attorney, and the response above is not legal advice. You should not read this response to propose specific action or address specific circumstances, but only to give you a sense of general principles of law that might affect the situation you describe. Application of these general principles to particular circumstances must be done by a lawyer who has spoken with you in confidence, learned all relevant information, and explored various options. Before acting on these general principles, you should hire a lawyer licensed to practice law in the jurisdiction to which your question pertains.

The responses above are from individual Experts, not JustAnswer. The site and services are provided “as is”. To view the verified credential of an Expert, click on the “Verified” symbol in the Expert’s profile. This site is not for emergency questions which should be directed immediately by telephone or in-person to qualified professionals. Please carefully read the Terms of Service (last updated February 8, 2012).

DISCLAIMER: Answers from Experts on JustAnswer are not substitutes for the advice of an attorney. JustAnswer is a public forum and questions and responses are not private or confidential or protected by the attorney-client privilege. The Expert above is not your attorney, and the response above is not legal advice. You should not read this response to propose specific action or address specific circumstances, but only to give you a sense of general principles of law that might affect the situation you describe. Application of these general principles to particular circumstances must be done by a lawyer who has spoken with you in confidence, learned all relevant information, and explored various options. Before acting on these general principles, you should hire a lawyer licensed to practice law in the jurisdiction to which your question pertains.

The responses above are from individual Experts, not JustAnswer. The site and services are provided “as is”. To view the verified credential of an Expert, click on the “Verified” symbol in the Expert’s profile. This site is not for emergency questions which should be directed immediately by telephone or in-person to qualified professionals. Please carefully read the Terms of Service (last updated February 8, 2012).

Show MoreShow Less

Ask Your Question

x