Legal Question in Criminal Law in California

I am being investigated for a child sex abuse claim that happend 3 years ago. The girl was my stepdughter and hasn't lived with us for a year.

CPS came and asked me to leave my home and that I couldn't see my younger daughter, they said it would probably only be for the weekend and it has now been for a month.

I have not been charged. The detective has not spoken to me. They have spoken to my wife and stepdaughter.

My wife has called CPS to ask when I can come home, they say they are taking thier orders from the detective. She calls the detective and always leave a message, but never get a call back.

How long can they keep me out of my house and away from my daughter without charging me with anything?

Asked on 4/10/13, 4:59 pm

2 Answers from Attorneys

Terry A. Nelson Nelson & Lawless
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0 attorneys agreed

I understand your concern, BUT you are dealing with tyrannical bureaucrats, and need to proceed carefully in dealing with them. Piss them off and you risk them filing charges just to show you who is boss.

You may have legal defenses and factual defenses, but you would be better off not getting charged with a crime so that you would not need to use them.

You should have immediately hired an attorney. Do so now, to deal with CPS and police to try to move the matter to ‘conclusion’, whatever that means.

If serious about hiring counsel, feel free to contact me.

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4/10/13, 5:46 pm
Zadik Shapiro Law Offices of C. Zadik Shapiro
0 users found helpful
0 attorneys agreed

I agree with Mr. Nelson. If you piss them off not only can they charge you but they can use the child dependency court to take your daughter away from you and your wife. I would not suggest allowing your wife to make any phone calls to social workers or cops on your behalf. They will use those phone calls to claim that she is not properly caring for your daughter. You both need separate lawyers immediately. If you use one lawyer the court may declare there is a conflict and take the lawyer off the case.

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4/10/13, 9:05 pm

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