Penal Code § 851.8 – Petition For Factual Finding Of Innocence
The California Supreme Court in Loder v. Superior Court stated, “Although arrest records do serve valid and important public purposes, an arrest can haunt a person for the rest of his life.” An arresting history can certainly affect individuals seeking employment or professional certification. If you were detained or arrested for a crime but...
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Felony Conviction Relief (Non-Prison Sentence) – PC 17(B) & 1203.4
We know that living with a felony conviction can be very difficult. It can impact your ability to receive employment, professional licensing, housing, access to loans, and the ability to travel. If you have a felony conviction which did not include a state prison sentence, there are specific remedies available through the...
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Domestic Violence And The COVID-19 Pandemic – Due Process
When there are Domestic Violence Restraining Order (DVRO) filings, there can be a multitude of victims, including those who are falsely accused of perpetrating domestic violence. The unfortunate truth is that people are not always honest when they make such filings, even though that is what the law requires and mandates (i.e....
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Can CPS/CFS Social Workers Really Provide Reasonable Services During Covid-19?
Your child or children have been taken by CPS. Until the real facts are figured out CPS must provide reasonable services to reunify you with your children. So, what is that? Why is this important? And how does it affect you right now? How will it affect you when the courts open...
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Reunification And Visitation In Juvenile Dependency Cases
During the reunification process, visitation in Juvenile Dependency cases is penultimate. It is the starting process, along with compliance with the case plan, to mend the familial unit and to maintain and strengthen the bond between the parent(s) and the child(ren). The Welfare and Institutions Code expressly enumerates that during the reunification...
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CPS/CFS Must Provide Reasonable Services! – Do Not Let Them Get Away With Taking Your Child, Putting The File In A Stack Of Other Files And Then Do Nothing!
There are different stages of the social worker’s duty to provide reasonable services.
The first stage of the social worker’s requirement to provide services to keep your family together is just prior to the very first hearing: the detention hearing. (If you have a CPS case now or it looks like...
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Is Taser And Stun Gun Abuse Considered A Violation Of My Civil Rights?
If a taser or stun gun is used in an excessive manner against someone, then that person would have a civil rights violation claim. In order to prove such a violation, it would have to be shown that the officer’s use of the taser or stun gun was not justified under the...
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How Do You Work With Medical And Forensic Experts To Defend Clients Wrongfully Accused Of Child Abuse?
When defending clients who have been wrongfully accused of child abuse, it is important to obtain every piece of information from the time the child was born to the time of the injury in order to have a full understanding of what the child has experienced during their life. Next, an objective,...
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What Can I Do If I Believe CPS Has Unlawfully Taken My Child From Me?
If CPS were to unlawfully take a child from a parent, then that would be a violation of the parent’s and child’s constitutional rights. In order to remove a child, CPS would normally need a court order or warrant, or evidence of imminent risk of serious bodily injury which could occur in...
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What Challenges Are There In Winning A Case Against The Police?
Cases brought against the police are not necessarily difficult to win; it’s just a matter of sorting the facts and ensuring that the case has a strong basis. There is no reason why suing a police officer should be any different than using any other individual who has engaged in some sort...
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When Should I Hire An Attorney If CPS Is Investigating Me For Alleged Child Abuse?
Now is the right time to hire an attorney, if CPS is investigating you. If you get that card in your door, letter in your mail, or phone call from a social worker, you are being investigated. The very first step you take should be hiring an attorney. And not just any...
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Should We Cooperate With CPS And Allow Them Into Our Home?
I’m of the opinion that you must appear cooperative to CPS at all times. If you tell them to go get a warrant, they are going to go get a warrant. If they go get a warrant, you’ve already started the wheels of the court system in your life. The best thing...
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