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Law Educator, Esq.
Law Educator, Esq., Lawyer
Category: Family Law
Satisfied Customers: 118722
Experience:  Experienced attorney: Family law, Estate Law, SS Law etc.
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In Kansas A 19 yr old and her sister living in their

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In Kansas A 19 yr old and her sister living in their mother's house get into an argument. The 19 yr old just had a baby & C- section not too long before that and doesn't want to deal with her sister so gots to get her baby and was going to leave to get away from her and not deal with her. The sister gets on top of the 19 yr old and starts hitting her. The 19 yr old told her to get off because of her just having a baby & a c section. The 19 yr old never lasted her hands on The sister. The cops were called. The sister lied and said the 19 yr old beat her up in a police statement. Also this 19 yr old, when she was around 9, had lost her dad & had a hard time dealing with the loss, so she was placed in care to deal with her loss. On the sisters police statement, she also brought up that fact and said she wasn't going to let her take the baby.
The 19 yr old was taken off because her sister lied and her baby was also taken from her & put into foster care. She has visits with the child a couple times a week but was told she had to move out of that house and get situated before she could have her baby back. Well now the sister and her mother went to court with the 19th old today to tell the truth that she never layed her hands on the sister, but they're still charging the 19 yr old. They wouldn't accept it. So they're telling her she can either take a diversion and pay $500 or take a disorderly conduct and only pay like half that amount.
She is currently a cma/cna working in a nursing home. She is worried that her certification/licenses for her job will be in jeopardy depending on which way she decides to go. Why is she paying in the first place when the sister lied & wss willing to tell the truth. The sister should get in trouble for lying in a statement. And why does she have to get a psych eval now before she can get her baby back? Which charge should she choose considering her job and also her baby. She just wants to keep her job and have her baby back where she belongs. Any advice on this. They set another court date so she could have time to check to see how either charge would affect her licenses and getting her baby back.
Please any advice would be greatly appreciated.
Submitted: 1 year ago.
Category: Family Law
Expert:  Law Educator, Esq. replied 1 year ago.
Thank you for your question. I look forward to working with you to provide you the information you are seeking for educational purposes only.
She should take no deal and she needs to tell her attorney or public defender that since the alleged victims are saying they lied the prosecution has no case and she wants to take it to trial. The prosecutor is bullying her and she will not be convicted with the alleged victims saying it did not happen and that they lied. So the prosecutor is trying to do whatever he can to get a conviction on his record by scaring her to plead guilty, but anything she pleads to is going to cause a problem although the lesser of all the charges is the disorderly conduct charge as that should allow her to get the child returned and also not impact her licenses