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TN state child abuse laws, investigation procedures and right to appeal investigation

i have been wrongly accused of scratching a 6 years olds face. it wasent intentional. my 2 yr old was hitting him in the head with our telephone. i went to grab it and accidently scratched him because my nails were long. His mom, my boyfriends ex-wife accused me of child abuse. I have never hurt any of their children in the past 6 years ive help raise them. i love these children as if they are my own. Im not able to afford a lawyer and as of right now things arnt looking very good. im worried im going to be wrongly found guilty. I have a baby to take care of. I just cant believe this is happening. The detective on the case asked me to take a polygraph test. Ive heard those arnt very accurate. ive never been in any trouble before. If i do get found guilty of a crime i didnt commit, what will i probally be looking at sentence wise. Is this a misdemenor or felony. what usually happens in these cases.

Additional information
it was only a scratch and nothing like this has ever happened before. And ive had him more time in these past few years than she has.
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Attorney answers (2)

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Reputation Level 15
Calm down.
You are entitled to a free lawyer. Contact the Local Legal Aid Society or the Public Defender.
As for Poly exams, they are usually very accurate when they find someone is not guilty and are about 80% accurate when they are. The key to taking a poly is to be calm and do not project about it coming out wrong. A good poly examiner can knock out a lot of the inaccuracy.

Just also remember that any answer to any question you give to a polyographer is a statement and can be used against you in your case.

Finally do not speak to the detective again without a lawyer and do not take the poly until you have spoken to a lawyer. One of the best lawyers I know has an office in your home area. He may be willing to help out pro bono or at least steer you in the right direction. You may contact me for his information.

Reputation Level 14
Child abuse prevention has become an obsession by local governments because of the ready availability of federal money. You have been ensnared in a CAPTA-based legal proceeding and no one can defend you over the internet.

However, being aware of the situation is essential.

You have to be appointed an attorney if you cannot afford one. That attorney should be versed in family court operations as they regard to child abuse and neglect so that he can understand the emphasis on child protection and the unfair prejudice that accompanies an allegation of child abuse.

One of the most important features of any CAPTA-based proceeding is to watch for the amplification of evidence over time. Further, you have to prepare for any possible mental health intervention that could cause a pourover into your own status as a mother.

So brace yourself, be confident, have competent counsel and expect the worst before seeing the light at the end of the tunnel, and you’ll be alright.

I am not admitted in your jurisdiction but I am basing my answer on general principles of federal CAPTA law as it is manifested in a local criminal context.

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