Legal Question in Criminal Law in California

What should I do? Need legal advice...

My husband and I are being charged with PC 182(a)(1), and PC 273a(b). His son was taken by social services with the plan of reunification. We are all currently in counseling, parenting classes and anger management. We are complying and do everything to put our family back together. Now, we are being charged with criminal charges. There was no physical abuse or sexual abuse. We just did not know how to properly handle a child with ADHD and Oppositional Defiant Disorder. I was told it was more serious for my husband because it is his child that is the victim. Could that be true? I was told that mine could be dropped to misdemeanor pretty easily. My husband made all the decisions for his son, and he handle all the discipline. I did comply with some of the things my husband wanted....ex: chores, taking things away, etc. Could I go to jail for this? I have 4 other childern at home that are fine and after the investigation, they were never taken from us. The only issue was with the one son that has serious problems. I Have No Prior record!!! Never been in trouble with the law. Please answer my questions! Thank you.


Asked on 10/24/06, 1:53 am

3 Answers from Attorneys
Michael Stone Law Offices of Michael B. Stone Toll Free 1-855-USE-MIKE

Re: What should I do? Need legal advice...

Thank you for adding more information. The main event here is money. The county social services agency gets more federal money when they take away so-called "special needs" children. (This is why your other children were not taken.) The reason you are being charged as well as your husband may be to divide the two of you. You will each be appointed lawyers, both in criminal court and in juvenile dependency court, who will tell you that your interests diverge. Depending on the state of your relationship you may, or may not, be willing and/or able to resist this. Do not believe the social workers when they claim their ultimate plan is reunification. They only lie when their lips are moving. I was not there, and I know so little about your criminal case, but in many cases they will offer to drop the charges or "go easy" on wives on condition that they agree to testify against their husbands. At all costs you should not plead guilty to any crime you did not commit, as a criminal conviction will keep you from ever geting a job. All of the court appointed lawyers you will encounter will have their own agendas, and nobody will give a damn about you, your husband, whether or not you can be a family, and least of all your children. Please realize this is very general advice, and you will be on your own for many years of tough sledding. Best of luck.

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Answered on 10/24/06, 1:22 pm
Terry A. Nelson Nelson & Lawless

Re: What should I do? Need legal advice...

Of course you could go to jail, that is what criminal charges are designed to do. Talk to your public defender, that is your lawyer that knows the case and facts to see what he says about the likelihood of jail. If you want to hire private counsel, then feel free to contact me to discuss the case. Based upon the facts you state, you should be able to avoid jail if this is handled right.

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Answered on 10/24/06, 6:07 pm
Law Office Law Office Law Office

Re: What should I do? Need legal advice...

First of all HIRE YOUR OWN LAWYER. If not you will not be listened to. Our law office speicalizes in these types of complex cases. We are very skilled in CPS or SOCIAL SERVICES cases. We have won 97% of all those types of cases. We also are very skilled in CRIMINAL law. We would be able to handle you, your husban, and your childs legal needs. Its best if it is the same lawyer for all your legal needs. We have Low prices. Contact us today at 760.243.5121. We can Help.

Thanks and God Bless.

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Answered on 10/24/06, 11:34 pm


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