By Leonard Henderson
July 11, 2010
How do I find out if my rights were violated by CPS?
That's a Search Criteria recent visitors were looking for when they found AFRa, according to our Web Counter.
As for "How do I find out if my rights were violated by CPS", the problem comes from not KNOWING your Rights to begin with.
Once you find out what your American Constitutional Rights ARE, then you get MAD, because CPS violated EVERY ONE of them.
What's worse is, the CPS people have no clue that you have any Rights.
Their training was long ago tailored by somebody who figured out how to get American citizens to SURRENDER their rights and VOLUNTEER for CPS "services" without realizing what they are doing.
Get it? CPS people are so utterly incompetent that they don't know they are running a Color of Law SCAM.
Governments have POWERS, citizens have RIGHTS to protect them from those powers. When citizens have no Rights, any government quickly turns into a tyranny.
Apparently, ignorance of Constitutional Rights and Due Process is so pervasive that attorneys don't seem to think about them, nor do Family Court "judges".
That's why I am so "in love" with the new American Bar Association National Project to Improve Representation for Parents Involved in the Child Welfare System.
I sincerely hope that lawyers in Family Law practice find out about the ABA CLE course.
It would be FANTASTIC if thousands of Parent Representative specialist lawyers became available. And it is my sincere hope that they go after the CPS Malpractice insurance for Billion$ in settlements.
In other words, sue CPS out of business and put them in prison for their Federal Crimes against America's families.
As for parents, you HAVE TO LEARN YOUR CONSTITUTIONAL RIGHTS-
The First, Fourth, Fifth, Sixth, Seventh, Eighth, Ninth, Thirteenth, and Fourteenth Amendments to the United States Constitution.
contrary to or failing to comply with a constitution; especially : violative of a person's rights guaranteed by the U.S. Constitution- unconstitutional search and seizure —un·con·sti·tu·tion·al·i·ty noun —un·con·sti·tu·tion·al·ly adverb. Merriam-Webster's Dictionary of Law, © 1996 Merriam-Webster, Inc.
And after you learn your Rights- Use them or Lose them- you have to have the backbone to STAND UP for them.
"...because of what appears to be a lawful command on the surface, many Citizens, because of their respect for what appears to be law, are cunningly coerced into waiving their rights due to ignorance." US. v. Minker, 350 US 179, 187
In US. vs. Johnson, 76 F.Supp. 538, 540 (1947), Federal District Court Judge James Alger Fee ruled that-
"The privilege against self-incrimination is neither accorded to the passive resistant, nor to the person who is ignorant of his rights, nor to one indifferent thereto. It is a FIGHTING clause. It's benefits can be retained only by sustained COMBAT. It cannot be claimed by attorney or solicitor. It is valid only when insisted upon by a BELLIGERENT claimant in person." McAlister vs. Henkel, 201 U.S. 90, 26 S.Ct. 385, 50 L. Ed. 671; Commonwealth vs. Shaw, 4 Cush. 594, 50 Am.Dec. 813; Orum vs. State, 38 Ohio App. 171, 175 N.E. 876. "The one who is persuaded by honeyed words or moral suasion to testify or produce documents rather than make a last ditch stand, simply loses the protection. . . . He must refuse to answer or produce, and test the matter in contempt proceedings, or by habeas corpus."
By the way- the US Supreme Court gutted out Miranda on July 1, 2010.
Now you have to KNOW and REMEMBER your Fifth Amendment Right and TELL THEM you are going to remain silent and demand a LAWYER. Exactly the reason why Miranda Rights came into being.
Isn't that great?
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
"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)