Making a really long story short. Husband and I have a 2 month old son who is an extremly happy baby, weight on target, no signs of neglect or abuse. Developementally right on target. Last Wens my husband stood up after bouncing our son on his knee, went to put the baby into the carseat and the baby slipped out of his hands into the carseat. He fell a distance of about 2 1/2 foot and his arm hit the handle of the seat. Husband didnt tell me up front that he had dropped baby but noticed our son's arm didnt seem right. We took him to the ER within 20 minutes of the incident and found out that his arm was broken. CPS was called, and a very intimidating indivudual came in and started accusing us of smaking the baby across the wall or some other form of "blunt force trauma". ER doctors report says that break was obviously caused by accident. State police said it was apparent no criminal act had occured and closed the case. CPS however filed a motion to remove both my 2 month old and my 7 year old from the home, stating that they were in "iminent danger" in the household. We were ordered to bring our son to a CT scan, which we did, and that came back negative for any head trauma. We were told that if we agreed to the CT scan, they would drop trying to take my children away, however when we got back to court, they continued with their motion to take the children from my home. IN order to get CPS to drop the motion, they said my husband and I would have to plead "no contest" in front of the judge. My understanding was that I was pleading that I admitted that the child could not have broken his own arm by himself, which I do not disagree with since my husband dropping him was the cause of the break (proven by medical evidence). I also agreed that CPS could come into our home at any time they wanted until the disposition hearing Jan 4th, as well as 28 days of intense home therapy with a crisis service here in Michigan. Crisis services have come out ot our home 5 times now and the only faults they can find in our home is 1.) no fire estinguisher 2.) no first aid kit and 3.) we do not leave child with a sitter and have couple time alone without the baby . Crisis services assure us that we have a good case and that they forsee everything ending following the disposition on the 4th.
However, I am not confused as to the "no Contest" plea. Originally I believed I was saying we were not guilty of abusing our son, only that my husband accidentally dropping him lead to the injury. Im now reading online that a "no contest" plea is as bad as being found guilty and that I would no longer be able to have certian rights. I work in the medical field around children daily and having a child abuse badge around my neck could cause me to lose my job. My husband is also about to join the military and now we are worried that this might have some affect on that. My lawyer is the one who told us to plead the "no contest" and he failed to tell us exactly what we were doing, only that it was "in our best intrest". I feel like I've been snowed. Any advice would be helpful.
2006-12-27 15:42:10 · 14 answers · asked by babyvett 3 in Politics & Government ➔ Law & Ethics
No contest or 'nolo contendere' is an admission of guilt, usually with mitigating circumstances, or a good reason for committing the violation. In most cases defendants utilize a Deferred Acceptance of No Contest Plea (DANC Plea or DANCP). This in essences is court ordered probation. The offense is dismissed with prejudice after all orders have been complied with and may be expunged after it is dismissed.
Dependent on how your no contest plea was made, yes, it could very well bite you in the back.
2006-12-27 15:47:45 · answer #1 · answered by syaw10 3 · 2⤊ 0⤋
A no contest plea means that you do not plead innocent or guilty. What it means is that you do not contest the charges, that they are essentially true, but a jury trial could go either way. It's like a cop out plea bargain. And yes, it WILL haunt you. Get a good lawyer and fight CPS like hell, sounds like an organizational problem on the whole with them.
Out of curiousity, what state's CPS are you having problems with?
2006-12-27 16:08:48 · answer #2 · answered by Seattle SeaBee 2 · 1⤊ 0⤋
talk to the judge, and if that fails, appeal the decision. A no contest plea is not a good thing. it basically means that yes, you did it exactly as they described. If you don't win (unlikley at this point unless you have really good lawyer, appeal on the basis that you were not informed as to the meaning of the plea. if you pleaded no contest to child abuse, you're in serious trouble.
2006-12-27 15:53:12 · answer #3 · answered by The Big Box 6 · 1⤊ 0⤋
I would consult legal advice... get a lawyer. No offense to anyone here, but why would you even think about listening to a bunch of "yahoo'ers" on such a serious topic. I'm sure that "agent" is trying to intimidate you... its his job. I'm sure all will be fine. But pleading "no contest" I've heard lots of judges say...is the same as "guilty." So I woudn't do that. You didn't do anything wrong... so nothing bad will happen. This "agent" might be overstepping his boundaries... but GET LEGAL HELP NOW!
2006-12-27 15:48:00 · answer #4 · answered by Anonymous · 1⤊ 0⤋
I agree get the best lawyer money can buy. I personally think your husband is negligent, so the social worker or whatever has point in trying to protect the child because if this negligent attitude is not corrected, worse could happen. Sorry.
2006-12-27 16:16:04 · answer #5 · answered by McDreamy 4 · 0⤊ 0⤋
No contest is basically the same as guilty. Ask you lawyer to explain exactly WHY an innocent person shouldn't plea innocent.
2006-12-27 15:48:56 · answer #6 · answered by USA Girl 2 · 2⤊ 0⤋
Get another laywer. Is he the court appointed laywer? You should think about hiring one. At least get some bona fide advice from an experienced local attorney. It might cost you, but it sounds like it would be worth it at this point.
2006-12-27 15:48:36 · answer #7 · answered by KM 3 · 1⤊ 0⤋
If I were you, I'd find the meanest, most aggressive lawyer within 100 miles and sue the crap out of those people. And get angry. It makes people think you're telling the truth when you deny their accusations.
2006-12-27 15:50:24 · answer #8 · answered by littlechrismary 5 · 2⤊ 0⤋
Get your lawyer to explain your options in full, or get a lawyer who will so that you can make an informed decision.
2006-12-27 15:52:04 · answer #9 · answered by Anonymous · 1⤊ 0⤋
Get a different lawyer. Sounds like he's lazy.
2006-12-27 15:47:05 · answer #10 · answered by Anonymous · 1⤊ 0⤋