Legal Question in Civil Rights Law in California

forced to sign settlement agreement

I am being forced by social services to sign a ''settlement agreement'' for something i did not do. my attorney tells me that the only choice i have is to sign or pay for a trial to prove my innocence. i dont have the money for a trial. they are accusing me of shaking a 4 month old infant that was in my daycare. i know i didnt shake him and believe it was the medication he was on (propulsid). there has never been a criminal investigation or a hearing to determine if and who shook this child. Can social services really do this to me? Where do i turn to fix this before its to late?


Asked on 2/14/02, 1:27 am

2 Answers from Attorneys

Sheldon G. Bardach Law Offices of Sheldon G. Bardach

Re: forced to sign settlement agreement

If you are unhappy with your attorney, you can change counsel. If this is a criminal prosecution, as it appears to be from your question, the court will appoint an attorney for you, if you cannot afford to hire one, generally it is the public defenders office. Clearly, the facts have got to be ascertained and your side must develop the evidence to support your case. It does not seem that your present attorney is doing that.

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Answered on 2/19/02, 3:54 am
Robert Shaw Law Offices of Robert F. Shaw, Jr.

Re: forced to sign settlement agreement

Thank you for your inquiry.

First let me say that I am sorry you find yourself in this very difficult predicament. Second, let me say that I am unable to provide you with advice based upon your inquiry as asked. More information is needed. For example, what kind of "settlement" is being requested? What is it asking for? If there has been no criminal investigation, why is your only other is option going to trial to prove your innocence, which itself implies that you are being prosecuted or very close to being prosecuted? It sounds like you are receiving conflicting, partial information that does not quite add up, which concerns me. Has your attorney been in a dialogue with social services in an attempt to determine precisely what circumstances exist, and whether there are more than two options for resolution? I think the first thing you need to focus on is acquiring thorough and accurate information so that you can determine where you are and what options you have, or can create through negotiation. I would be very careful to be sure that you are fully informed and that your attorney is doing everything he/she can to resolve the situation in a manner beneficial to you. I would also be sure that you are in an attorney-client relationship where there is direct, thorough communication and a high degree of trust. In a situation as serious as the one you have described, this is extremely important.

Sincerely yours,

Robert F. Shaw, Jr.

NOTE: Please understand that the information provided in this reply is for informational purposes only and does not create an attorney-client relationship. It also may not be complete. Before you make any decision that might possibly have legal implications, you should consult with our office, or another qualified professional, in a manner that provides for thorough communication so that thorough legal advice can be provided in a manner that relates to your specific circumstances. Thank you. Law Offices of Robert F. Shaw, Jr. 336 Bon Air Center. No. 407, Greenbrae, CA 94904. (415) 209-6332. http://www.QualityLegalCounsel.com

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Answered on 2/18/02, 11:00 pm


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