ok my family member has been put in jail on false child abuse charges because of a custody battle. know they were suppose to be at the prelim.. hearing but did not show up so they ask to continue the case until next month. now the judge said this is the last time that she will do this because the case is old. know what happens if they don't show up again. what happens if they call and drop the charges cause i know they are moving out of state. please help
2007-03-02 08:03:53 · 7 answers · asked by Anonymous in Politics & Government ➔ Law Enforcement & Police
If they call and drop charges the person will be immediately released.
If you can prove it is a false charge, get a lawyer and go after the people that brought forth the charges.
Ether way, the constitution guarantees a fair and speedy trial which is why the judge will not continue this any longer and will dismiss the charges upon yet another failure to appear.
2007-03-02 08:10:34 · answer #1 · answered by sprcpt 6 · 0⤊ 0⤋
wish,
This family member has got to have a lawyer, a public defender or someone representing him/her.
I would be asking this lawyer why he isn't trying to get the defendant out of custody, while the D.A.'s office gets their act together. This person hasn't even had a preliminary hearing, after 3 months?
There's something smelly going on...
2007-03-02 08:12:57 · answer #2 · answered by Wolfsburgh 6 · 1⤊ 0⤋
its very common for false child abuse allegations to be made in custody battles. it is a perfect way to get back at somebody instantly and wreck their lives. if this has happened you shouldnt keep quiet about it you should scream so loud the whole world will her, contact fathers groups. www.fnf.org or fathers4justice, they have lots of members experienced in this well trodden trap, it wont be a surprise to to them
2007-03-02 20:48:19 · answer #3 · answered by fast eddie 4 · 1⤊ 0⤋
as quickly as incarcerated, you're order to be on artwork launch. keeping a job (any interest) interior the community. baby help is deducted out of your earnings and oftentimes you're able to capture up on your returned baby help. as quickly as you're released and nevertheless won't be able to or won't pay baby assist you bypass returned to reformatory (do not bypass bypass, do not convey jointly $2 hundred.) do you comprehend how troublesome you're making it on your baby by potential of not paying baby help? Your baby has the stigma of being on welfare, nutrition stamps and all that crap. the familiar public did not make this baby so why could the familiar public could help your baby. Get a job (any interest) and make the hassle to pay your criminal duty and don't have to any extent further toddlers except you plan to help them and grant for them.
2016-10-17 03:07:08 · answer #4 · answered by Anonymous · 0⤊ 0⤋
There is a constitutional requirement for a speedy trial. Have his attorney demand one.
2007-03-02 08:12:06 · answer #5 · answered by Sgt 524 5 · 1⤊ 0⤋
if the da isnt prepared to move forward than the case will be dropped.
2007-03-02 08:11:53 · answer #6 · answered by whatisthisallabout? 2 · 0⤊ 0⤋
Everyone has the right to a speedy trial. Check out this site!
http://www.legalmatch.com/law-library/article/right-to-a-speedy-trial-in-criminal-cases.html
And good luck!
2007-03-02 08:12:44 · answer #7 · answered by Red 2 · 0⤊ 1⤋