My baby was taken from the hospital she was born june 25 in march i tested positive for marijiana it was still in my system from before I knew I was pregnant I didn't have any other on clean drug test the baby wasn't born with anything in her system nor did I have anything in my system I have had a past CPS case where my child was adopted they don't seem to be too concerned about the drugs now that they know I haven't been using throughout the whole pregnancy but now there dwelling on my past with my other CPS case I don't feel that it was fair to take my child I have been doing very well and have made the right choices with this pregnancy is there anything I can do to fight this
To answer your question, it depends. Many times, the court-appointed attorneys know more about the process than attorneys you pay outside the system. None of us on this board can comment on the competence of those involved.
In no way am I offering you legal advice, and in no way has my comment created an attorney-client relationship. You are not to rely upon my note above in any way, but insted need to sit down with counsel and share all relevant facts before receiving fully-informed legal advice. If you want to be completely sure of your rights, you must sit down with an experienced criminal defense attorney to be fully aware of your rights.
A private attorney may not be able to accomplish more than your public attorney can. The public attorneys generally have more experience with CPS cases. My experience has been that the quickest way for the return of the child is to actually work with CPS and do everything they request of you. Good luck.
he response given is not intended to create, nor does it create an ongoing duty to respond to questions. The response does not form an attorney-client relationship, nor is it intended to be anything other than the educated opinion of the author. It should not be relied upon as legal advice. The response given is based upon the limited facts provided by the person asking the question. To the extent additional or different facts exist, the response might possibly change. Attorney is licensed to practice law only in the State of Arizona. Responses are based solely on Arizona law unless stated otherwise.
Every parent who is involved in a DCS/CPS case is entitled to representation by an attorney to represent them in their Juvenile Court case. If you cannot afford an attorney, then the court will appoint one to represent you. Just because you do not pay for an attorney does not mean that the quality of your representation is any less than if you retain an attorney privately. Being represented by an attorney who is familiar with the complex issues, policies, case law, rules and statutes surrounding DCS cases is important to be able to navigate your Juvenile Court case.
DISCLAIMER: Heidi A. Davis is a Juvenile Law and Family Law attorney licensed in the State of Arizona. This answer is general information only with references to Arizona Law. The information presented should not be construed as formal legal advice, nor as the formation of an Attorney-Client relationship. Please consult an attorney in your state for specific answers for your particular case. If you found this answer helpful, please mark it as "helpful" or as the "best answer". Please refer to www.Avvo.com for all terms and conditions.
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