Legal Question in Criminal Law in Georgia

Crooked Courts

Me and wife's son was taken last year by DFCS with beleif of abuse. I, father, was charged and arrested a month later with cruelty to children. A year has almost passed and I was just indicted, but the state doesn't have evidence against me, so the come and arrest my wife with the same charges. She was never suspected until now. There are no medical reports available to support abuse, nothing against me either. Aren't they breaking some kind of laws to use their power in such a manner? Me nor has my wife done anything to our aon, who is walking and half way talking now. And, what, in your opinion see happening if they can't get any evidence?


Asked on 6/29/04, 5:23 pm

1 Answer from Attorneys
Jim Hough Thomas J. Hough, Jr., P.C.

Re: Crooked Courts

This area of the law is one of the most frustrating, due to the fact that the whole system seems to operate under the assumption that people are abusers unless proof exists to the contrary.

I would not assume that they have no proof. Rather I would assume they feel they have proof, and begin to prepare my case. I would also suggest you have representation that is skilled in cases involving DFCS and the Juvenile Court.

It is frequently the case where the father is charged, they will also charge the mother for failure to protect the child. I know you are sure they have no evidence, but you have been indicted, and you can't afford to take the position that there is no evidence.

I believe you need to get serious, and hire an attorney before the arraignment.

Jim Hough

770-607-5300

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Answered on 6/29/04, 7:06 pm


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