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This guy's anger is justified and I think his lawyer failed him.
by reader5000 16y ago
This guy's anger is justified and I think his lawyer failed him.
- kls 16y agoI think his lawyer failed him No he did not, this is not court, you have no right to due process. Your rights are considered secondary to the rights of the children given that you are in question you can not by nature be the child advocate. The DCF (whoever your states agency is) takes that role. So they get to decide if a lawyer is present or not for child questioning, etc. All you really can get from a lawyer in this situation is advice and legal counsel if they decide to bring charges as well as a agent to act on your (not your children) behalf. It is a nightmare where they have you and your lawyer over a barrel until you can catch them up and get them to relent.
- reader5000 16y agoI have no idea if this is settled law or not, but in this instance where the DCF is causing irreparable harm to both the children and the parents it seems a court's intervention could at least be asked for, i.e. file an injunction on the investigation or something to that effect. I'm not a lawyer but I don't think I would feel right just sitting back and being a passive message-passer for the DCF while they destroy my client's lives.
- kls 16y agoIt is complicated and I don't remember all the in's and outs, you can try to get in front of a judge and have him rule that you can provide funding for an independent 3rd party lawyer. He cannot be the same as your defense. But you have to show cause which I remember my lawyer saying that it was hard to do. My lawyer in the end was right you just have to show them that you are not easy to pick on and they will move on. They need to make their numbers and if they spend too much time on you, they miss other opportunities. It is a war of attrition in which you have a severe psychological disadvantage.