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How to get evidence submitted to Appeals Court agasint claims of sexual abuse from a Dependency Court trail?

Monterey Park, CA |

Dependency Court has claimed the allegations of sexual and physcial abuse against me are true resulting my children being kept away till all reunification services have been completed. My attorney refused to submit a police report of prior sexual incidents in my brothers home before my children and i moved into during transition to my own residence. My attorney refused to submit an 4 year old email from my deceased wife stating sexual inappropriate in my brothers home that involved his daughters with my daughters. I was informed by my attorney the case is about me and NOT about what happened at my brothers home which would have showen, the sexual abuse claimed by my son concerning his siblings where actually from my brothers children. Two Investigations in Texas cleared me, but Ca, guilty

Thank you all for the replies and your contribution of knowledge is much appreciated. I've had 2 CPS meetings in Texas within a year apart and both found not guilty. 3 months in California and i am charged by CPS. My attorney refused to provide to the courts my wifes email, a year old Sherriff report prior sexual incidents, including a letter from my son apologizing for having sex to my brothers daughter, text messages of my daughter informing me that a family member touched them, declined Facebook Messages of my Aunt, telling my brothers wife to be thankful she didnt file a mandatory report keeing her 500ft away from any child because she had masturbated her 3 year old Grandson. I was told the evidence i have, will be seen as blaming someone else when the court is only concern with the best interest of the child per her email. Can i submit my public defender attorney email showing her denying me due right and that the children are in extreme danger in the current house at an APPEALS COURT?

Attorney Answers 4

  1. I do not practice in California but typically evidence that one did not submit in the trial court cannot be presented to an appellate panel. It MAY be possible to address the evidence your trial attorney "refused to submit" by way of a motion in the trial court or as part of the argument about why your trial was not fair, in the appeals court.

    Have you already filed your appeal? There are usually very strict deadlines.

    Since you do not seem to be seeing eye to eye with the attorney who handled your dependency trial, you should consult with an experienced dependency attorney and an appellate attorney immediately about the possibilities of getting a better result with the information you presented here.

    NOTE: This answer is made available by the lawyer for educational purposes only. By using or participating in this site you understand that there is no attorney client privilege between you and the attorney responding. This site should not be used as a substitute for competent legal advice from a licensed professional attorney in your area who regularly practices in the subject matter which your question is about. You should develop an attorney client relationship with the lawyer of your choice so that your communications will be subject to the attorney client privilege and have the other benefits of a professional relationship. The law changes frequently and varies from jurisdiction to jurisdiction. The information and materials provided are general in nature, and may not apply to a specific matter as partially described in the question.

  2. I agree with counsel that you should consult with an experienced dependency attorney and an appellate attorney immediately about the possibilities of getting a better result with the information you presented here.

    This posting is provided for "informational purposes" only and should not be relied upon as "legal advice." Nothing transmitted from this posting constitutes the establishment of an attorney-client relationship. Applicability of the legal principals discussed here may differ substantially in individual situations or in different States.

  3. This is not something you should attempt to handle on your own. You need appellate counsel familiar with dependency court hearings. The time to appeal is jurisdictional so make certain your attorney has timely filed a notice of appeal on your behalf.

    You may find it more beneficial to comply with the court's order re reunification services than to follow through with your appeal. By the time an appeal is decided, reunification services may have completed.

    While the rules of evidence are not strictly applied in dependency hearings and hearsay is admissible depending on the speaker, I agree with your attorney's assessment that the two items of evidence you seek to include in the appellate process do not concern your behavior and therefore have limited relevance especially because of the remoteness in time. Good luck.

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  4. You have had a jurisdictional hearing and the allegations in the petition have been found true. You have a VERY short period of time to request a rehearing in that same court system - but your attorney - NOT YOU - has to make that request.

    Your attorney may have had some very good reasons to keep the evidence you speak of out of court. You need to communicate with that person and discuss your concerns.

    At this time, you cannot file an appeal of jurisdictional findings - that ruling can only be addressed by a Writ - which must be filed by your current trial attorney. If that person does not preserve your appeal rights with the proper filing of a writ- you may lose appeal rights in the future. You will not be able to present new evidence in a writ or an appeal.

    This is not an easy area of the law and you need to either rely on the court appointed attorney you have or hire a private Juvenile Dependency attorney ASAP.

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