my child got out about two years ago near the road because i was passed out due to new medications my doctor had started me on. I have addressed my issues and fought the court untill i got my children back and we just got out lifes back to routine. Have stable job great home for them and both children are in school and daycare. how can they give the children back then try to put me in jail and mentally worp their minds
Family Law Attorney
You say there was a "conviction" and yet you are still going to back to court. Often Juvenile Court dependent and neglect findings are confused with "convictions". Issues that come up in Juvenile court can often give rise to two (2) seperate types of cases.
The FIRST is the Juvenile Court Dependent and Neglect case. These cases are usually prosecuted by DCS, but a private party can prosecute them as well. Juvenile Court is NOT criminal court. The D&N proceedings are civil and NOT criminal.
The SECOND type of case is criminal. It would come up in either General Sessions or Circuit court. It is prosecuted by the DA's office. It IS a criminal case. Often the Juvenile Court case comes up first. IF a criminal case comes up, its often AFTER the Juvenile Court case has begun. BUT, if you are in this scenario, the Juvenile Court case will often wait to see what the Criminal Court case does before it ends. Therefore, often the Juvenile Court case starts first and ends last. Often, if things go well with DCS, then the DA is not so inclined to prosecute the criminal case. If you fight DCS, then the DA is often harder on you.
Please note that my answering this question, does not, in any way, mean I represent you for this, or any other case. You need to seek that actual face-to-face advice of any attorney in your area who can further explain the law as it applies to your case.