By Leonard Henderson
August 29, 2010
Do I need a lawyer to fight CPS?
That's a question people are asking often. The answer is YES you need a lawyer.
You are possibly in the biggest legal battle of your life, and in the regular CPS case, you are not going to get any such thing as DUE PROCESS.
The deck is stacked and you are battling CPS- the dirtiest lying maggoty sonsabitches on the planet- in an unconstitutional court of No Due Process.
So if (when) CPS shows up like thieves at your house, getting a GOOD LAWYER would be a really good idea, if you have to sell everything you own and live in a tent. (Of course that would disqualify you to keep a family too. Makes no difference to them).
Since houses and used cars aren't selling now, and household stuff has NEVER sold for big bucks, you have a huge problem getting a lawyer.
So you might get a Public Defender. Some of these guys are young, idealistic, and full of ambition, and might really go to bat (provide a vigorous defense) for your kids to stay in their "good enough" family. Last I knew, Public Defenders got about $500 for defending your case, so we can assume that money is not a lot of motivation to them.
Now here's the opposite side of the coin- there aren't many lawyers who know HOW to defend a CPS case (that's why we are so THRILLED with the American Bar Association (ABA) National Project to Improve Representation for Parents Involved in the Child Welfare System
We certainly hope the ABA knows how to defend a CPS case, but we do not know this for a fact either.
All we know is, if the FACTS and the EVIDENCE don't get put into the record NOW, there's nothing to APPEAL in the future. See this and ESPECIALLY THIS
That's where the rub comes with lawyers who really don't know how to defend a CPS case. Or DON'T CARE. We think most CPS cases need to be defended just like a CRIMINAL CASE. Oh by the way, most CPS cases are "Civil Cases". Like traffic court. See What happens in the FOG
And if you are INNOCENT, never, NEVER Plea Bargain.
And it may come down to you having to defend yourself.
|Lack of counsel of choice can be conceivably even worse than no counsel at all, or having to accept counsel beholden to one's adversary. Burgett v Texas, 389 US 109|
There's an old saying "He who is his own lawyer has a fool for a client".
But you may find yourself having to provide your own defense, because the lawyer won't , doesn't know how, or is just selling you out.
That's when you begin your odyssey
of having to learn as much as
you can, as fast as you can.
Welcome to Parenting in Post Freedom America.
COMMENT on this story
be wise by the misfortunes of others than by your own." --Aesop
(c. 550 B.C.) legendary Greek fabulist
If CPS hasn't attacked YOUR FAMILY yet, see If you are ever approached by anyone from social services.... and WHEN THEY COME AFTER YOU
Learn as much as you can, as fast as
you can at How
To Fight CPS
Get YOUR VERSION OF HISTORY ON THE RECORD with your Sworn Declaration
Leonard Henderson, co-founder
American Family Rights Association
"Until Every Child Comes Home" ©
"The Voice of America's Families" ©
I am not a lawyer and I do not pretend to give legal advice. If you need legal advice, see AFRA's Lawyer Friends who certainly are not pretenders (http://familyrights.us/info/law) I merely relate the things I learned in the past that seemed to work in my own case or things that others have related to me that worked in their cases. I provide information for free and do not expect to receive any form of payment or reward on this side of heaven. Therefore, DO NOT rely on this information as legal advice. Real Legal advice would come from a real lawyer who hates CPS and prepares a VIGOROUS DEFENSE against a negative (proving nothing happened) instead of talking you into a plea bargain (http://familyrights.us/bin/The_Problem_with_Plea_Bargaining.htm)