This is in the state of California. Experienced attorneys or scholars, please.
Two days ago, I was "retained" and taken to the police station to be questioned. They started me asking all sorts of questions about my background and two children. I am a singe father with full custody of the kids. They asked me for the password for my iphone i said "not without a warrant". Then the agent took it and said "i'll get you the warrant later".
In the interrogation they questioned me about why I posted an ad looking for a residence in lieu of work. I posted the whole family but I only put the photo of my daughter. They argue that I was offering my daughter sexually.
Then I stated I wanted to have an attorney and I wasn't going to answer any more questions. Then they went out of the room and came back meaner saying "your status has changed from detained to arrested for not cooperating". Then I stayed there a few minutes and stayed I'd like to talk and not be arrested. They took the handcuffs off again and I stated I didn't know about it and it was a mistake of facto.
The agent promised me that I could write a note to my kids and they will deliver it. He kept putting it off telling me he will do it, and he took me to be booked and said bye to the officers. I yelled at him "the note to y kids".
48 hours later I was released. I signed an OR i think the day before but i don't know if i was released fr that. They didn't tell me anything or gave me any papers. In my belongins, inside my backpack, my cell phone and laptop were missing without any notice. I went the morning after to their office and the same agent who "detained" me said they were holding my stuff for evidence and that I had to fill out a form to be released to me. But I don't have that form or anything. He told me that the case is still under investigation. Charges are I saw in the jail printout "273a endangerment of a minor felony". I want it to reduce it to a misdemeanor? Is that dropped?
How long does that take? what's the process? what are they ding? Did they have the right to do some things that they did?
And also last night I notice for a second that my computer mouse was moving like remote access. I shut the pc down. Do they have the right to monitor me without a warrant or letting me know officially?
Now, the CPS hearing is on Monday. The kids are with my aunt and uncle in their home. Their mom is in Texas. I know that the mom is the first in the list, but she has also a past with the law and she has a FT jo but just to meet ends meet.
My mother basically has provided for my kids and I always, and she will be in the hearing to after traveling to get here from Spain. She lives in TN though.
The CPS agent told me that they believe something different from the police charges and they don't believe what the police believes to be.
I love my kids and I have never abuse them or put them in danger. They have somewhere to sleep every night, food every day and showers every day, even though I am unemployed and receiving SSDI and food stamps.
I am scared, in very much pain, and not knowing what will happen on both sides, the police and the CPS side.
Could you anyone please help me to have some peace so I know a little bit better? THANK YOU SO MUCH!
Your anxious friend.
Answered on: 9/22/13, 8:34 am by Elena Condes
Whether the police acted improperly is something that will be litigated if a case is filed. However, before a case gets filed, you may want to retain an attorney to help you with the more immediate CPS related proceedings and potential criminal prosecution.
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LAW OFFFICE OF ELENA CONDES 1010 Grayson Street Berkeley, CA 94710► Other answers from this attorney