In Sacramento County, the District Attorney is usually willing to allow first time petty theft offenders to take a theft class and then the charge is dropped.
You can hire an attorney if you really feel you need to have someone in court with you or you want to get out quicker - but even without one - the D.A. would likely make this offer to you.
If you do not get a court date - then you have likely not been criminally charged.
A Juvenile Dependency Judge in Juvenile Dependency Court has found an allegation true in a Petition that your husband made some sexual advance on your 14 year old daughter. Once an allegation is found true in a California Juvenile Dependency proceeding - it is up to the attorneys on the case to decide whether to file a Writ with the Court of Appeals asking the court to review the ruling of the lower court. If a writ is not filed, you have very limited - if any - recourse but to live with the...
I agree with other counsel about how difficult these cases are and the need for expert opinions to counter the expert opinion of the prosecution. In a criminal case - the government must prove the allegations beyond a reasonable doubt. The government has a heavy burden but also has the funding to back the case up.
I have defended shaken baby allegations in Juvenile Dependency cases where the government only need clear and convincing evidence, an easier burden for the government and they...
You are absolutely entitled to whatever information is in the CPS file involving the investigation. If they continue to give you the run around you can file a motion under Welfare and Institutions Code section 827 requesting the records be admitted to the family law court for review and to you. You may not attach the records to any pleadings that you file in court becasue the CPS records are confidential.
If you need help with the process, I believe there may be forms and directions on the...
Contact WEAVE or My Sisters House in Sacramento for assistance getting out of your situation. There are shelters available for you to live in and legal assistance available to deal with the other issues. You do not have to stay in this situation. You can get out of it and there are resources available to you in your community.
If you have no priors, the Sacramento District Attorney will likely offer you the opportunity to take a theft class and then dismiss teh case.
It will still count as a prior if you re-offend but it inot a conviction on your record.
You can ask for a Public Defender but you may be required to pay the county back for those services.
Having an attorney with you will make the process go faster and more smoothly but that is your choice.
False reports to CPS happen all the time. Unfortunately for you in this case - your local CPS agency must investigate to make sure there are no children in harms way. Your best move is to make yourself available ASAP so the investigator can see that you do not have a drug problem.
Having a social worker speak with your child ALONE is one of the scariest things for any parent. You can insist that a school representative be present when the worker speaks with your child. You could also...