CPS and Parallel Criminal Case

Often times a parent may have a CPS case and a parallel criminal case. If this has happened it is vital that you get an attorney that is familiar in representing parents in both cases. Here’s why:

I you have a CPS case and talk — giving statements to investigators, caseworkers, therapists, etc — then you’ve just given a “non custodial” statement that can now be used against you in the criminal case. This is equivalent to a confession and you may have just laid the way to jail.

Often times, in criminal cases, the prosecutor will offer an easy deal of time served in a misdemeanor family assault or a deferred adjudication in a felony case. This is a trap. Although it seems as though this will make everything go away, it won’t. The minute you plead guilty on a straight plea or a deferred, you may have just lost your child in the CPS case.

Please call an attorney who knows how to protect the parent in both cases. Simply put, a family attorney may not be able to protect you criminally and a criminal attorney may not be able to protect you civilly in the CPS case.

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7 Responses to CPS and Parallel Criminal Case

  1. jketterman says:

    You’re welcome.

  2. hello there thanks for your grat post, as usual ((o:

  3. It’s good too read your site again, i see some interesting updates here..

  4. melissa says:

    A few wks ago i had a CPS caseworker show up at my door , so i called an attorney who had previously did family law but is now a hes now a criminal attorney , anyhow he advised me that i didnt have to let her in or speak with her , so i didnt and
    explained i wanted time to learn what my rights were…she wasnt happy. i set an apt with her and my family , which i had ti reschedule bc my 1 yr had gotten very ill the night bubefore so i called and explained and her supervisor and called and they were just so rude and said i couldnt reschedule that they see us in court…my husband that day was late coming home and i was unable to reach him which was odd , so i came to his mothers to find that he had given a statement to the caseworker

  5. jketterman says:

    The attorney that you talked to was legally correct. However it does cause problems. If CPS receives a referral they have a duty to investigate. What I usually do is set up a time for CPS to meet with the parents and children in my office (a more controlled atmosphere). If you do not allow CPS to do there investigation they can go to court to have the judge order you to participate in the investigation (it’s called Orders to Particicpate).

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