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The Burden of Proof Episode 15: Charged with a DUI? Here’s What To Do.
The Burden of Proof Episode 15: Charged with a DUI? Here's What To Do.
In the latest episode of The Burden of Proof: a JC Law Podcast, our hosts Peter Crawford, Esq. and Tyler Lewis are joined by the Managing Director of JC Law’s Criminal Department, Angel Campbell, Esq. to discuss all things DUIs.
We detail the whole legal process from the traffic stop, to possible penalties and what you should do if you were pulled over for suspicion of a DUI. Angel Campbell provides insight into what officers are looking for, the tests they administer at a traffic stop, as well as whether DUIs are eligible for expungement.
Next, we dive into ignition interlock devices, what they are, and how they are used for DUI prevention, and then discuss the differences between a DUI and a DWI. If you have questions about DUI laws in Maryland, this episode is for you!
Listen now on Apple Podcasts, Spotify, and YouTube.
Remember; at JC Law, we aren’t just your lawyer. We’re your legal ally.
Episode Transcript:
Tyler: Welcome back to another episode of The Burden of Proof. I’m your host, Tyler Lewis, and I’m joined as always by cohost Peter Crawford. Peter, how are we doing?
Peter: Good, Tyler. How are you?
Tyler: Good. Good. So, where are we diving into today?
Peter: So today’s gonna be all about DUIs And for this discussion in and about DUIs, we brought in Angel Campbell, somebody who deals with a lot of DUIs on a weekly or monthly basis basis and who deals with the clients, the process, the procedure surrounding DUIs. So, let’s get into it.
Tyler: Awesome. Welcome, Angel. Just a question off the bat. Do you it’s summertime now and the weather is getting nice. Do you kinda see an uptick in DUI charges going into the summer months as opposed to kind of in the winter, or is it stay kind of steady?
Angel: You know, I think, DUIs are kinda related to holidays in my opinion. You know, you got the July fourth. You have, Saint Patty’s Day is a big one. So, yeah, definitely, I think in the summer, people are getting out a little bit more, having a good time. So I don’t know if I’ve noticed a big uptick, but I think the holidays definitely do impact it for sure.
Tyler: Gotcha. Cool. So let’s kinda dive into sort of what happens if you’re charged with a DUI so we can sort of start with the traffic stop. So so kinda lay the scene for us. What kinda happens when you get pulled over and what can sort of people expect and what should they do?
Angel: Yeah. So, officer’s gonna pull you over because he observed some kind of traffic violation. Right? So a lot of times with DUIs, we see poor driving, swerving, abruptly stopping, driving super slow. So first, the officer’s gotta have a reason to pull you over. And then once he does, he kinda starts his whole, like, okay. I pulled you over for this reason, but, I smell alcohol. Or where are you coming from? I’m right at this time of night, you know, or they kinda ask you some questions that might indicate the the term is that he has some kind of probable cause to believe that you’ve had some alcohol. Right? So he will, at some point, he’ll ask you some questions. You may, you know, talk about where you’ve been, what you’re doing, which is gonna lead the officer to doing, probably some tests if he believes that, you know, if he’s got a reasonable, belief that you had alcohol, he’ll probably ask you to do some tests and kinda talk to you about it.
Tyler: Gotcha. So what sort of what kind of tests can an officer administer at this
Angel: There are many. The normal ones are we call them standard field sobriety test. There’s pretty basic three tests that officers will do. It’s the horizontal gaze nystagmus test. You’ve probably seen it done. It’s where the officer has, like, the pen and the light. Right. And he’s like, follow my pen. They do that test pretty regularly. They do this test called the, walk and turn test, which is probably what you may have practiced in your college days of of walking a straight line and then turning around walking back. And then they have a one leg stand test. That’s the test where they want you to just stand there on one leg for thirty seconds. So those are kind of the basic tests. There are other tests. Sometimes they can get a DRE expert out there, to do certain other tests.
Tyler: What’s a DRE expert?
Angel: A DRE is a drug recognition expert. So it’s actually against the law to drive without calling your system with their which everyone knows that. But it could also be prescription drugs. It could also be, marijuana now is a big thing with it being illegal in Maryland. So you can’t always glean from those three basic tests whether somebody’s impaired or not, and you might the officer might have to get another expert to come out and do different tests. Like, there’s the backwards ABCs or, you know, you you probably seen some of these tests before you. There there are a lot of different ones, but we pretty much see those three main ones here, ma’am.
Tyler: And they’re just looking for, like, if you’re wobbling while you’re walking or if you can’t sort of form sentences.
Angel: Yeah. For sure. So fortunately, a lot of these, incidents or interactions are recorded on body cam now. So you can tell pretty quickly if somebody’s impaired or not. But, yeah, there are certain they call them clues. I think for the horizontal gaze nystagmus test, there are, like, six clues that the officer’s looking for, and they indicate which ones they’ve seen. So with the horizontal gaze nystagmus test, a lot of times we see six out of six clues for somebody who has something in their system. Now the other tests are a little bit more subjective in my opinion. That’s where as attorneys, we can make some pretty good arguments. Mhmm. So, like, the walk and turn test, I think they’re looking for eight clues there. And it can be, oh, didn’t didn’t count while they’re also stepping. You know? It’s a little bit more subjective in my opinion. And then the one leg stand test, I think there are four clues they’re looking for, and that’s kinda like you said. Are they wobbly? Are they steady? Where are their hands? Are they counting correctly? Mhmm. So there’s different things they’re looking for in those tests.
Peter: So you said those tests specifically, test for alcohol or is it alcohol, drugs, and marijuana?
Angel: So the the, standard field sobriety test really are looking at, you know, the alcohol, maybe the marijuana because it’s looking at your stability and things like that. Mhmm. But those tests are not necessarily good for, for example, prescription drugs or for marijuana. You know, looking at whether you’re stable or not might not be a good indication that there’s something in your system. So there are other tests that they do, like, on your eyes and on your other, areas of your body. Mhmm. But primarily, those tests are really looking at alcohol, maybe marijuana at some point.
Peter: They come up with any breathalyzer test specifically for marijuana yet?
Angel: Not yet. That’s actually a really cool thing. You’ll probably be a rich man if you figure it out.
Tyler: Right. Right.
Angel: Because no. Right now, we just got alcohol. So that’s the other thing that happens is the officer will pull you over and say, you know, I believe you’re impaired and then have you blow and you blow zero point zero, but you’re clearly messed up. Right? So, yeah, that’s kind of what we’re running into. I’m sure we’re gonna talk about the NBA implications of this too, and that that kinda comes into play a lot with respect to that.
Tyler: And back to the breathalyzer, can I if they ask me, can I say no?
Angel: You can do what you wanna do.
Tyler: So What are the implications of doing it?
Angel: Right. So that’s the real question.
Angel: Right? So if you have a Maryland driver’s license, just by virtue of having a license, there’s, like, a fine print that we don’t really talk about, we don’t really think about. But that fine prints is basically saying that because I have this license, if a officer believes that I’m impaired under the influence, then I will agree to submit to a test, a breathalyzer test. That’s what you’re agreeing to just by having your license. So if you decide, no. I don’t wanna take the test. I mean, you have a right. You have constitutional rights to say, no. I don’t wanna do that. But what will happen is you’re privileged to drive because driving is a privilege. It may be suspended for up to two hundred and seventy days if you refuse. That’s nine months. If you take the test and you come out, with the test being positive, then your license can be, suspended for up to six months. Now there’s ways around those, but, essentially, that’s what you’re looking at if you take or don’t take the tit.
Tyler: Gotcha. Wow. Yeah. I didn’t even realize there was that small fine print. Nobody even reads that. So it’s crazy. I don’t know. Let’s kinda dive into sort of what you mentioned before, the kind of two types of cases and sort of how they play out. So there’s obviously the criminal charge, but there’s also an MVA component as well.
Angel: That’s right. So anytime you get pulled over, for, you know, DUI case, there’s two things that happen. Number one is you’ve gotta deal with that privilege about your license. Right? And then the second, like you said, is you’ve got to deal with the court. Whenever we’re dealing with court, we’re saying you committed a crime here, so you can be subject to, you know, a year or sixty days depending on your charge of jail time. Whereas with your license, it’s not you can’t really, you know, say you’re gonna go to jail for anything, but you can say, well, I don’t think you should have this privilege. So each case, we have to deal with both of those things simultaneously. Now when you go to court, even the court implications may involve the MVA. They’re separate entities, but this one incident will have you dealing with both at the same time.
Tyler: So what happens in that criminal side of it could will affect the MVA.
Angel: Absolutely. Absolutely. So if you receive any convictions for anything under the DUI statutes, then that’s gonna have an impact on your license. Now the impact could be that, okay, you we’ll let you still drive, but you need to only drive for certain purposes or we’ll let you drive, but you must, participate in the ignition interlock program or you’re not gonna be able to drive at all. You’re gonna have a suspension for six months. It depends on what happens in your case. Now, we always talk about PBJs, not the peanut butter and jelly sandwich. Right? But probation before judgment, the reason why they’re so important because in Maryland, they’re not seen as convictions, which means in a DUI case, if you receive that, you’re not gonna have additional penalties through the MVA, and that’s what we want. Right? We want the least amount of penalties as possible. The MVA, you know, they’re they’ll give you this whole speech about we we don’t work for the NBA. We’re not a part of this. It’s separate. You know, and the judges give that speech speech and the office of administrative hearings also give those speeches to let you know that they’re separate and apart even though they feel like, you know, the same thing. It all arrives out of that same incident.
Tyler: And do they run concurrently, or is it like the criminal case will finish and figure out and then the MVA case will go?
Angel: Yeah. Just it just kinda depends. So as far as any punishment against you, the statute actually says that it should run concurrently because of the incident was, you know, this is all for arose out of the same incident. But in reality and practically speaking, it kinda depends on which route you go whether the issue is gonna run concurrently or not. So take, for example, an incident. You picked up a DUI on July fourth. Right? So that incident took place that day. The MVA knows that you didn’t blow because you didn’t know that you had to blow. And so then you’re dealing with the MVA about your license issue. They’re gonna try to do that right away. Okay. But you’re not gonna have a court date for several months more likely than not. So in that instance, you may have already done something or you’re trying to do something with your license, but you haven’t really actually gone to court. So it just kinda depends on where everything falls. But our job as your attorneys is to try to obviously have the least impact on you as possible.
Tyler: Awesome. And you mentioned, interlock devices, kind of dive into what those are.
Angel: Yeah. It’s it’s not great. Yeah. Nobody likes interlock. It’s just a blow and go in your car. I’ve seen a couple of them. They actually just look like cell phones, that are connected to the electronic system in your car, and you’ve got a blow in it in order, to turn your car on. So, obviously, there’s a lot of problems that can happen with respect to that, and sometimes we see them and we gotta deal with those. But, yeah, it’s just a blow going on.
Tyler: It was very common or if, like, you get a first DUI, you wouldn’t necessarily
Angel: Every case is different. So you can have a first DUI where you had an accident.
Tyler: Depends on the severity if anything.
Angel: Exactly. It it really depends on that. Depends on if you blew or if you didn’t flow. How how much did you participate? Did you get a conviction or not? There’s all sorts of factors that come into place when we’re figuring out if you’re gonna have to have that or not.
Tyler: Sure. I guess, also kinda dive into you can get a DUI, but there are also kind of few other charges you could kind of get faced with depending on sort of what type of stop it was and everything.
Angel: So Right.
Tyler: We dive into, like, DUI versus DWI. Mhmm. They kind of seem interchangeable, but they’re different.
Angel: Yes. There’s there’s all different, DUI, different types. So before we get there, though, let’s go back to that traffic stop. So when you got pulled over, the officer had to have a reason. Maybe he says you were driving recklessly or you were swerving or you didn’t stop at a red light. So you’re gonna get traffic citations, with anytime you receive this type of, charges against you. But then you’re also gonna get, depending on your particular incident, you can be charged with driving under the influence of alcohol, that carries a year. And it’s looking at, you know, did you actually, have something in your system that impairs your ability to operate a vehicle? Driving while impaired is a lower charge. It still it’s it’s very similar. Driving while impaired for our purposes carries a lower, penalty of sixty days incarceration. The big thing between all of these is, like, how much was in your system and how poor was your driving, to put it in simple terms. Like I said earlier, DUI charges anticipate, you know, prescription drugs, marijuana, and alcohol.
Tyler: Gotcha. Yeah. Because then you kinda see both of those and I’m it’s always kinda confusing. So it’s based off the differences, the severity, so based off of how how much you blow, like, what your test results come back as and Correct. Also that if you’re egregiously driving, that’s probably as well.
Angel: Absolutely. Yeah. So the statutes break it down a little bit more, but that’s pretty much what we’re looking at.
Tyler: Gotcha. Cool. Then I guess sort of we can dive into we touched on a little bit the sort of possible penalties, what you’re looking at for first time DUI. Obviously, once you get the second or third, it gets a little more serious. But kind of if you could lay out sort of what you’re looking at for a first time DUI with your license, jail time, sort of if you have to get any sort of devices, just kinda walk us through that.
Angel: Yeah. So if it’s your very first time, you don’t have any criminal history, you don’t have a really poor, driving record, and we believe that the state can prove the case. They can prove that your driver was poor. You know, the officer did have a valid reason to pull you over. There was alcohol in your system. On the first offense, the statutes only account for, like I said, a year in jail on the DUI and DUI per se, and then sixty days for the, you know, lower charges. Like you said, DUIs is really important to not have several, not get a second and third because the statute accounts for if you do, you can get additional penalties. So, like, on a second fence, you might be looking at two years. Then if we keep going, you can get five years. And there’s a certain point where the statute is just, just, like, ten years for this case.
Tyler: At some point, you gotta figure it out. But are they just the penalties tend to compound.
Angel: Yeah. Yeah. It’s a it’s a stepping stone. There’s also additional penalties that, like I said, if you decided not to blow, that could you could receive additional jail time just for that. Wow. So yeah.
Peter: So were the penalties always like this? Because I I No. I heard back that day that it wasn’t this bad. But, honestly, it was like the nineties, the eighties, the early two thousands. Is that when it started to change? Do you know why it changed?
Angel: Yeah. So you kinda test a lot. The historical knowledge, and my understanding of all that is, it kinda relates back to a specific incident here in Maryland, where, like, they were seeing, you know, significant, cases where people are just, you know, riding down the street. Obviously, the culture has changed a lot. We don’t just we put our seat belts on. We don’t grab our beer. We don’t start drinking.
Peter: I saw this one video on I think it was TikTok or YouTube Yeah. Where this this woman was driving with a beer and and then an outlaw outlaw drinking and driving it. And she’s like, I think it should be un American not to drink and drive it. Like, that’s the thought process people used to have.
Angel: They didn’t You’re you’re absolutely right. You’re absolutely right. What what happened is, you know, people started getting hurt and Right. A lot of really, really bad accidents. There was a really bad one here in Maryland that kinda led to them saying, okay. Noah’s laws. We gotta we gotta change all this. Right. But you’re you’re right. Yeah. It used to be cool. I know, like, my my grandfather Right. You know.
Peter: Well, the cars just be different too. Right? Yeah. You couldn’t drive a hundred miles an hour down the highway back then and you’re sixty four four and now you’re That big body. Speed of fifty miles an hour.
Angel: It’s a car that’s so big and sturdy too. I guess, probably not much is gonna happen to anybody.
Peter: Yeah. Exactly.
Tyler: But I mean, it’s so prevalent nowadays. These things are needed. Yeah. You see every weekend, there’s somebody going out, getting into an accident, and they might have had something in their system. Right. Especially with legalization of marijuana, that brings more aspects and more sort of substances to be able to abuse while driving. So I definitely see the merit that we have to kind of get an increase to stop that.
Peter: Yeah. I mean, who doesn’t know somebody from high school? Are, like, have you never seen, like Yeah. The side of the road with, like, the cross and the flowers like that?
Tyler: They’re all all over.
Peter: Yeah. They are. So, I mean, it’s definitely prevalent inside. Within society, it’s definitely picked up over the last probably forty years.
Angel: Yeah. Definitely. One hundred percent.
Tyler: So, yeah, just to kind of go along and dive more into this, are DUIs expungible? I know I’m sure you see a lot of expungements. Is this something that could be eligible for an expungement?
Angel: As we sit here today, right this second, no. They’re not. Okay. But that actually is changing. So, in October of this year, we’re expecting to see, ex expecting to see DUIs become eligible for expungements.
Tyler: Wow.
Angel: So what the thought process used to be that, well, we need to be able to keep up with how many you’ve had because, obviously, there are graduated penalties like we talked about depending on if it’s your first, second, or whatever. But it just kinda seems unfair. You know, you can go get a really bad assault case or, you know, get certain other cases and you can get them expunged. And so finally, legislators have come around to changing that and, DUIs are gonna be eligible for expungement. It looks like they’re saying, you know, after fifteen years, of having nothing, you know, no additional cases, then you’ll you will be able to expunge them. So there’s certain other, requirements, but, yeah, they’re working on changing that so that as of October in this year of this year, DUIs will be expunged.
Tyler: Do do you even know why they wouldn’t weren’t eligible? Because it seems like maybe.
Angel: I don’t think it’s fair. Obviously, I’m a criminal defense attorney. Right? You want me to hold on to something from thirty years ago. Right. And, normally, the a lot of the cases we have where they have multiples, it was a prior from, like, nineteen ninety or something. They were in college like p c or high school or something like that. So it like I said, it just kinda seems unfair.The the statute did provide for if it’s more than ten years, you know, they might not go so hard on you or whatever. But, I I think that’s all it was is, you know, not only has the mindset changed about us receiving these types of charges in the first place, but then also, you know, expungement. You should be able to expunge something like this. And we can if you haven’t had it in fifteen years, we’ll cut your break. Yeah. I mean, that’s fair.
Tyler: You shouldn’t still be penalized for some dumb mistake you made as a kid. And if it’s just one from fifteen years ago, I mean, why wouldn’t you at least take a look at it? So that’s it’s interesting that that’s finally changing, and I’m sure we’ll see a lot of those kind of pick up coming through because there are people probably with a DUI from twenty years ago that’s still sitting there, and then, like, oh, I should probably get it expunged. Yeah.
Angel: Yeah. Most people that I encounter, you know, they catch it on time and and, you know, that’s the end of it. And I believe those source people should be eligible and should receive the expungements on their records.
Peter: Mhmm. People make mistakes.
Angel: Yeah. Yeah.
Tyler: So, you also mentioned PBJ. So kind of talk to us how you could get a probation before judgment on a DUI. Is it just like it has to be your first one, or is it depending on a case? Sort of walk us through kinda
Angel: Yeah. So, officially, you’re eligible if it’s your first, and you’re eligible if you haven’t had one within ten years. That’s, you know, official. So yeah. I mean, like I said, it’s very fact based on what happened in your incident. If you didn’t hurt anybody, if your driving wasn’t so poor, you had an accident, if you cooperated with the officer, then you’re gonna be eligible for that probation before judgment. Again, this is assuming that the state can prove the case against you. And so that’s what we want. Right? This is not gonna, you know, blow up most people’s lives. You know? They, you know, they will have to get counsel and make sure that they’re guided through the process the right way to ensure that. But, yeah, probation before judgment is is what we want if they can prove your case, and you’re eligible for that on the first offense.
Tyler: Cool. Thank you.
Peter: Anything else?
Tyler: No. I think we kinda covered. It was a good sort of overview to kind of go from the beginning of when you sort of got pulled over and what to expect down the line. So, yeah, I mean, be careful out there. I know it’s nice out, but remember not to drink and drive because you don’t necessarily wanna end up with a charge. So Absolutely. Yeah.
Angel: Thank you. Don’t drink and drive people.
Peter: Yeah. We’re here, but don’t use us. Yeah.
Tyler: Thank you so much for the time, Angel. We really appreciate it. And, Pete, as always, thank you. stay tuned for the next episode. And, don’t forget to like and subscribe to our YouTube channel, and we’ll see you next time. Thank you.
The Burden of Proof Episode 14 CINA Cases: Understanding the Basics
The Burden of Proof Episode 14 CINA Cases: Understanding the Basics
In our latest installment of The Burden of Proof: a JC Law Podcast, our hosts Peter Crawford Esq. and Tyler Lewis are joined by JC Law Supervising Attorney, Hunter Gallagher Esq. to discuss CINA cases, from the legal definition to the full process and more!
CINA, or Child in Need of Assistance, cases are crucial yet complex, often involving numerous legal intricacies and emotional challenges. In this episode, Hunter Gallagher, Esq. breaks down the entire process, offering a clear and concise guide for those navigating these difficult waters. We begin by defining CINA and dive into how these cases start. Hunter provides insight into the beginning of the process, and what happens when abuse is first reported. He details the role of CPS in these cases, and what you should do if you find yourself in this situation.
Next, we take a deep dive into the full process from start to finish. From the first step when the abuse was reported to each of the hearings you will need to attend, and the possible outcomes of these cases.
This episode is a must-listen for anyone dealing with CINA cases or seeking to understand the child welfare system in Maryland. Tune in to gain valuable knowledge and insights from a seasoned attorney.
Listen now on Apple Podcasts, Spotify, and YouTube.
Remember; at JC Law, we aren’t just your lawyer. We’re your legal ally.
Episode Transcript:
Tyler: Welcome back to another episode of The Burden of Proof. I’m your host, Tyler Lewis. And as always, I’m joined by cohost Peter Crawford. Peter, how are we doing?
Peter: Good, Tyler. How are you?
Tyler: Good. Good. Just another day, you know. So, what are we diving into today?
Peter: Well, today, we’re talking about cine cases, which stands for children in need of assistance. And in order to discuss this topic, I brought in one of the experts, Hunter Gallagher, who deals with a lot of these cases on a weekly basis, who’s been dealing with, a lot in the last two, three years of practicing. Right? Yeah.
Hunter: Not well, I would say just for the record too, ethically, I’m not an expert, but it is something that I specialize in. I would say that that’s fair. Yes. Yeah.
Hunter: Otherwise, we’ll be held to a higher standard of care under the under the ethical rules. Yeah. So don’t so don’t try to please me and hang out there. Okay?Anyway, yeah. So we’re talking Cina, and, yeah. We’re whatever you wanna talk about.
Peter: Alright. Well, let’s just talk about first what is CINA Like I said, Senna is a child in need of assistance. How do these cases begin?
Hunter: So these cases and let me just say, first of all, these cases, they’re very serious cases. They began incredibly suddenly. Usually, what happens is, child protective services gets involved with a family for one reason or another. There could be a referral. A child could have gone to an emergency room visit. The parents could have taken a child there for, you know, a a checkup or for something that they weren’t sure what was wrong or maybe the child had an accident. You know? So the child will, come to the attention of child protective services for one reason or another because, again, parents will take children when they’re being responsive or helpful to the children’s needs or, because, somebody reports, either the family or something that they suspect might be abuse or something that’s concerning.
Peter: And so, mandatory reporters are what? Teachers, therapists, certain certain other people who have an ethical have an obligation to actually report these crimes.
Hunter: Right? Correct. Health professionals. And and CINA well, senate is technically if a child has found a need of assistance and you are the person to have caused the child being in need of assistance, it is a crime. But, typically, child protective services looks at this from a perspective of we’re trying to help the family and the child. Does it always come across like that? Does it always feel like that? Certainly not. That’s that’s a that’s a totally different thing we can get into.
Peter: So, I mean, what do you mean they’re trying to help the family? Because it’s my understanding that the CINA case is, obviously, it’s one party against the other party. So, I mean, is there a way to work out an agreement between the parties that it comes to the best interest of the child and the family, or is it is more adversarial between the two parties?
Hunter: It really depends on what the client’s goal is. So for private practice for us, generally, we represent parents. Okay? Ethically speaking, each, parent gets their own attorney. Alright? If they can’t afford an attorney because this is so important, it deals with custody of their children and underlying events that often are criminal. Okay? For example, child abuse, child neglect. You, you know, you, in some cases, wanna work with child protective services. In other cases, you know, they are telling a story that the parent or the client thinks is untrue, thinks was, poorly reported, thought that was or, arose from what they perceive as and sometimes will maybe, an incorrect medical diagnosis Mhmm. And that, gets this whole process started.
Peter: So somebody reports something Mhmm. And then there’s a petition file. Yep. And then a safety plan is put in place.
Hunter: So the safety plan, yes and no. A safety plan is a tool that child protective services uses, and you have to understand that. When you’re dealing with child protective services, there’s the stuff that happens outside of court, and then there’s the stuff that happens in court. Mhmm. And there are an entire range of responses that child protective services can do with a family that simply stay at the level of, hey. We saw something concerning. we’d like to enter into an informal agreement, us, the social workers, and you, the parent, parents, guardians, okay, with respect to how we want you to, supervise, take care of your child. I mean, it might range from something like, you know, you won’t let your child’s parent other parent around the children unsupervised. Right? Or you won’t use physical discipline with the children, or you agree that the child is going to to show up to these following appointments. Mhmm. Alright? And they’ll come to that understanding. And if everybody can get along, then they might enter into a long term, long term relationship with CPS that’s informal, that stays out of court where, where CPS envisions themselves again. Whether that’s in fact what they’re doing or not is a different discussion, but envision themselves as providing additional services. And and let me just talk about what the definition of CINA actually is. So it it does stand for child need assistance, but I wanna do that just to frame it because it’ll help me discuss, how these cases unfold and what it means. So in order for, a child need assistance case to be ultimately successful, and I’ll talk about the procedure generally because I think that’s helpful, and then let’s we can watch into some of the other stuff and be you know, guide me around. But Yeah. Yeah. What I what I like to tell my people when they’re when they’re coming in there and saying, well, I have this thing called CINA, child in need of assistance. What in the world is going on? I tell them a couple of things. I mean, one, it means that there’s a really intense court process that’s starting. It means that CPS believes that the children are in danger or that the the children need a lot of extra help that you’re not able to provide them for, sometimes no fault of your own. Okay? And so what they’ve done is initiated a court process that allows them to either remove the children alright, the first alright, the first thing they do is they file an emergency petition, which happens they’ll file a petition, and the next day courts open, we’re in court. Okay? Clients need to understand that the, burden of persuasion is reasonable grounds. And so, effectively, you’re gonna go to court. You’re gonna lose your children. They’re going to be removed into the temporary care and custody of someone else. Okay? Well, into the hands of CPS who will then place them with, statutorily. It has to be with the family member first, or if not, then a foster care situation temporarily. Within thirty days, and it depends on what county you’re in because they handle them differently. There’s different availability, so on and so on. But within thirty days, the presumption is that you have an actual hearing. Okay? And that hearing is what we call the adjudication. It’s like the trial. Okay. And at that trial, essentially, CPS has to prove that the child is in need of assistance.
And so what does that mean? That the child has been abused, neglected, or has some kind of mental disability. Alright? And it’s a two pronged part, so it’s one of those three. Plus, the parent is unwilling or unable to provide for the ordinary care comfort and help of the child. Okay? Mhmm. And and I I wanted to talk about that definition because, there are cases in which children are born to parents who love their children immensely, but those children might have a mental disability. And the parents, for example, for economic reasons, for the fact that, maybe they have other children, right, that they can’t provide the for the care of the children. And so in other words, you can go through this in a process where it really is a you need help. Let us help you. Right? Your kid is hard to handle for one reason or another. It’s not your fault, and but we wanna provide services for you. And in that sense, it can be really non combative. In other instances, I mean, you know, theoretically, take a take a, take a hypothetical where a doctor misdiagnoses a bone break in a child and says it’s definitely abuse or a social worker says it’s definitely abuse or a nurse is definitely abuse, and another doctor may not think so. And so they take that story, They run with it. Now you’re in an adversarial process where you go, you know, hypothetically, my kid fell off the slide, twisted his leg in a weird way, and it resulted in a spiral fracture, which is a telltale sign typically of abuse, but also can result from the way in which his ankle got caught and he fell off the slide. Right? Mhmm. And so now you’re in a situation where all of your kids are getting pulled from their home. Mhmm. Right? And you didn’t do anything wrong, and it was an accident, but CPS doesn’t think so. And that totally changes the flavor.
Tyler: So it’s a lot of it it comes down to a lot of he said, she said, and then you kinda having to prove that?
Hunter: I I mean, I mean, sometimes. And, obviously, just for the just for the record too, I’m I’m only using hypotheticals. Mhmm. Obviously, I can’t talk about anything that relates to any of my clients at all, in some cases, and you wouldn’t be able to find out about it. So these these are hypotheticals, and they in no way represent real people. Okay? Just just so I’m clear about that. It depends on what kind of case you’re dealing with. But usually because it’s you’re dealing with neglect and abuse, abuse or mental health issues, you pretty much always have expert witnesses. You have to have medical evaluations. You have to have psychological evaluations. You have people who are qual I mean, frankly, I mean, social workers under, Maryland law are actually qualified to die depending on their certification. They’re qualified to diagnose mental health issues. Okay? So it’s not so much a I heard this or I thought this. I mean, the social workers will hear and say thing things. Mhmm. But ultimately, there is always a very always? Can I say that? I don’t like saying always. That’s not true. But I’ll say, ninety-nine percent of the time, there is pretty much always a huge record that deals with these, instances. Every time a social worker goes out to somebody’s house, okay, they write a report afterwards. Every time they talk with, an investigator, they write a report afterwards, which brings it to another point. You know, when you’re dealing with abuse and neglect because they also are crimes, you know, you might be the subject of a criminal investigation at the same time and may or may not be charged criminally for this. First degree assault, first degree child abuse, okay, for something that might have been an accident, for example. Woah. Now you’re looking at, you know, jail time, alright, and bail reviews and everything else, plus now all of a sudden your kids are away and you can’t find work. I mean, it’s it gets very serious incredibly fast. Mhmm. Wow.
Peter: Also, one thing I’ve said is we’re seeing a comparison between the criminal and and SINNA is your right to attorney. Under the statute, you do have a right to attorney. If you can’t afford attorney, you got you have one providing for you Mhmm.Which is not like most other civil cases. Correct. I guess this is also not a normal civil case. Like, you said, a very serious allegations here of abusing the child. Mhmm. But it is interesting that under the statute, there are those two comparisons.
Hunter: Yeah. I mean, yep. It’s it’s nice that you do get an attorney and you need one. Mhmm. I mean, you really do.
Peter: Have you seen anybody go pro se through this? Oh, sure. Yeah.
Tyler: I can’t imagine going through that.
Hunter: I mean, yes. You have the option so the parents will have attorneys provide for them if they can afford it for the office of the book of the public defender. You know, the children get their own attorneys. Okay? And then the CPS workers also have their own attorneys, Okay? Which is usually county attorney or or somebody who works in the county attorney’s office. And, parents can opt to not have counsel.
Peter: Right. Don’t recommend it.
Hunter: Absolutely absolutely not. Absolutely not. When you go to court, I mean, you you know, it’s there are a lot of really complex trial skills that you need in these cases. Mhmm. Because if you find yourself in a situation where child protective services is telling you a story that you think is untrue and you don’t believe that relates to child abuse, the only way they’re gonna see the light is if you show it to them in court. And the only way that, like I said, they’ll see the light is is through an effective cross examination that you took a lot of time prepare. Mhmm. And you do that through your own experts. You do that through reading all of their notes. You know, in certain cases, you know, you can, and I have, deposed the social workers, before a court. So, I mean, there’s, you know, there’s a lot to do in these cases. And because you’re dealing with the removal of children, but, from somebody’s home, potentially, you know, a lot of work happens on these cases within the first month, month and a half. Yeah.
Peter: I mean, it’s a very specific skill to to attorneys too. I mean, the ability to tell a story in court is very different than just talking to your buddy. Yeah. It’s very different than just telling, hey. Last weekend, this happened. Sure. On a golf course Sure. I shot a one zero two, you know, to tear it like it’s a little bit different than just on a normal sort. It’s a skill that has to be acquired through time and practice.
Hunter: I I would agree. And and and think about it from this perspective. You know? One of my a colleague of mine has been practicing for decades. He told me when he was in law school, I wanted to tell if there was practice. Mhmm. He did only does, felony work, most mostly murders. Mostly murder trials. He he said, when I was in law school, the professors told us only ten percent of you graduating will be trial attorneys. Okay? Among the trial attorneys, only ten percent of you will be good ones. Okay? Now among the good trial attorneys, well, I’ll just say among the trial attorneys, among the good good ones, it is also a special skill set to be able to cross examine children. And you it’s a whole another ballgame. And why would in the world would you ever do something like that? Well, CINA cases can be the two year old who had an accident that may or may not look like abuse. Right? It can also be the twelve year old, Okay? Or the fourteen year old or the sixteen year old who is saying, mom or dad hit me. Mhmm. Alright? Or, you know, I fell off a slide or whatever it happens to be. And now the only way that, you are going to, have an opportunity for justice is by having that child brought into court and having them questioned about the alleged abuse. Right. Because, unfortunately, children lie, and they make things up for one reason or another.
Tyler: And that’s a lot of pressure for a kid that’s ten or twelve and going through this. Yeah. I mean, they’re are there if they aren’t capable of kind of speaking for themselves on the stand, are there people that speak on their behalf?
Hunter: No. I mean, that kind of So so this in this particular setting, in certain cases, you you want to call the child to the stand. If I represent a parent Mhmm. And the child for one reason or another says, I don’t wanna be in your household anymore. I like it down the street. I’d rather be in foster care for whatever reason reason or another. And you would say, why in the world would you would any child ever think something like that when you have your parents? Right? But there there are circumstances in which that happens. Absolutely. And, you know, the child will be called to the stand, and I will spend the better part of a day or more. I’ll call it talking with the child, but cross examining that child relative to the story. Because, ultimately, if, if the child is the the chief witness to the abuse Mhmm. And that child story doesn’t make sense after you’re able to present a whole bunch of other, I’ll just call it the fuller picture, then you win the day based on that. And you do the same thing with the social workers.
Peter: So it’s something you gotta think out too. I mean, cross examining a child is a lot different than cross examining somebody else. Sure. Just the way you do it Sure. The questions you ask. Mhmm. Whether or not you you show anger, whether or not you just are understanding, whether or not you back them in the corner, whether you lead them down this path in order to get to this path. Whatever it is, it has to be thought out, and it is much, much different than I will say from cross examine in the boat. Sure.
Hunter: Absolutely. Depends on the child, the age of the child, what you wanna elicit from the child, your relationship, how the child responds to you. Somebody who’s skilled in court, adopts different personalities depending on the need. Mhmm. And that depends on your witness and what you wanna listen from them also.
Peter: I know I’ve seen defense attorneys be prosecutor’s witness best friend for a few minutes.
Hunter: Sure.
Peter: And then, you know, they turn on like that.And they they get in the information that they want, what they need, and then they use that in order to craft their story in their case. Interesting.
Tyler: So let’s kinda dive back into the process a little bit. I think you touched on the adjudicary hearing. Adjudicating. Yeah.
Hunter: Yeah. They called the adjudication. Adjudication. Adjudication. Yeah.
Tyler: So then kind of, walk us through what kind of happens there and what happens next.
Hunter: So if you go by way of adjudication, and usually when somebody calls me, right, it’s because that’s the way we’re going. It’s because CPS is doing something. I really have a problem with it. Right? Please leave me alone. Okay? Please get out of my family. What happens so you have the adjudication, and the judge then is going to decide whether or not the allegations child protective services made will be sustained or not, which is a fancy way of saying me as the judge. Child protective services said that the kid is this year this this, this many years old and has this parents. And as a judge, I’m gonna sustain those. So I found based on the testimony, right, that this is the child of first parent one and parent two. And they’ll go down the entire list that also involves their story of abuse, neglect, or a mental disability. And then the judge will say, I sustain or I don’t sustain.I mean, I’m I’m making a determination of fact. And then the judge will say, okay. I determine now that the child is in fact in need of assistance. So those two things Mhmm.Going back to the beginning. Right? Abuse, neglected, mental disability delay, and the other thing the parent can’t help. And so sometimes the story you you wanna talk about is the child has these issues, right Mhmm. For no fault of anybody, but look how responsive and amazing these parents are. Mhmm. Right? Yeah. CPS might disagree with how they’re raising them, but what they’re doing is totally appropriate or they’re totally allowed to do it. Right? Whatever. Anyway, so,
Peter: that’s why we have this process to provide a different perspective. Of course. Obviously, CPS doesn’t get it right all the time. Workers don’t get it wrong right all the time.
Hunter: Yes. And and what happens if you wanna raise your child in a way that’s not, you know, I would just say normal for society, whatever that means. You know?
Tyler: Well, it’s similar to when we were talking about custody is that they these judges, you come in and they meet you for what, an hour or two and you’re supposed to prove your point and tell that story.So it it kind of comes back to it’s crazy that you’re gonna prove all that in the same time.
Hunter: And you and you want somebody there with you because, when I’m listening to people, I go, this is really important. This is a meeting of importance. This is not legally relevant, but thank you for telling me. And clients can’t always discern what’s important and not important, frankly. And I’ll tell you, things that they want you to say, may end up hurting them. Okay? Because what you say will be misinterpreted because, I mean, the caricature of well, I won’t say that.Yeah. there’s a nice visual. It goes like this. Okay? This is this is your case. Right? My client. This is your case. Okay? This is everything that I as your attorney, okay, I’ve been able to understand from you talking to me.Alright? This is everything I’m able to gather in court.K? This is everything that the judge heard me say when I got in court. This is everything that the judge retained when they made their order. Okay? Right. So you need somebody who I mean, it talks about storytelling. You need somebody who knows the big points that go to the important issues. Mhmm.
Tyler: Get to the facts right through them and make sure they’re clearly stated.
Hunter: Sure. And and I’ll let me say, we you talk about process. So the child is needed assistance or not, then you immediately proceed to what’s called the disposition hearing. It’s the, okay. I’ve determined that your child’s need assistance usually happens the same day in the court. Yes. Unless the judge, for some reason, wants to defer, and there are a whole bunch of reasons why that can happen. Okay? For example, I need more information or I need to know whether I have you know, the people who have been watching the child can actually watch the child for longer than, you know, another week.Right? Something like this. Mhmm. And then you go to this disposition hearing and effectively the judge says, okay.You know, the children are in need of assistance, and this is what I want to happen with them. Okay? And at that point, you’re on the hook, and you’ll probably be in this process then potentially for I mean, these cases can sometimes go on for years after that. Really? Yeah. Every every six months, give or take, you’re back in court for a status hearing.
Tyler: It’s crazy because that starts really fast. Yep, man. It could just drag on.
Hunter: Mhmm. Forever. Wow. Yeah. Forever. The the legal presumption is that, everybody is supposed to work towards reunification. Okay?
Tyler: So the end goal is to get the kid back with that family. Right?
Hunter: I will say, on paper, that is the end goal. Okay?But, when you’re dealing with, when you’re dealing with a group of people that may have a different idea of what they think is appropriate and you disagree, right, you could be in it for quite a while sometimes. Okay?
Peter: Yeah. What what’s the, effect that that has on a family constantly going to court or constantly having to be, involved with CPS or the state?I mean, I can’t imagine it’s It’s huge.
Hunter: It’s huge. And I’ll, and I’ll tell you, I think, well, there are a lot of people who wait too long to get an attorney, because, they don’t know what rights they have in negotiating with CPS CPS beforehand, before it turns senate. And there are a lot of people who come to me and say, look, I totally felt bullied by these social workers because I didn’t know my rights, and I felt really threatened. And they said they were gonna take my kids away.Mhmm. You know? Yeah. But the emotional turmoil is is intense. It is emotionally taxing to go to court to have to be put on the stand because as a parent, you you’re potentially a witness. Mhmm. And oftentimes, you are.
Tyler: So what are you trying to tell clients that are trying to ease? I mean, try to ease this thing if, if you can’t. I mean, there’s not much you can do, but, I mean, are there is there something you tell them to kind of ease their pain or at least there’s an there’s a light at the end of the tunnel?
Hunter: Not really. It’s all doom and gloom. The the the thing that I think helps the clients the most is me. You know, I kind of gave you a bit of a procedural overview. I go in-depth with that. I provide a road map to my people, and I said, this is what’s going to happen. This is what they’re gonna prove, and this is in this particular courthouse what we’re dealing with. Alright?
Peter: It’s also extremely fact specific. I mean, obviously, one hundred percent of this is, like, one hundred percent of this hands on One hundred percent. Facts and specific people in the family.
Hunter: Oh, it it the specific people in the family also depends on who the other attorney is.
Tyler: Mhmm. Right.
Hunter: I mean, because you are ultimately it will be me. It will be, you know, a couple of maybe other public defenders, the child’s counsel. Okay? And me working with, effectively the the attorney for the social workers. And so, you know, you’re dealing you’re dealing with a lot of personalities who have different views on what they want to happen. But I think, you know, your question was how do you help help the parents? I mean, you tell them what’s gonna happen, or at least you give them a range of possible outcomes. And oftentimes, walking through that with them and then telling them what I think is going to happen, what I think our best bet is, gives people a lot of peace of mind, effectively just I mean, I I look at them and I say, this isn’t my first rodeo. Here’s I mean, we’re going to the shelter tomorrow morning. You’re gonna lose. Alright? I’m gonna put up a fight. You’re gonna lose. Alright? A real fight starts the day after, okay, with the following subpoenas, okay, with the following discovery issues, alright, with the following follow ups, alright, with the following interviews, okay, with the with the with all the trial prep that we need, okay, etcetera. So Cool. Anyway.
Tyler: Gotcha. So, yeah, I guess from that hearing, kind of what happens next in the process.
Hunter: So, from after the disposition? Yeah. So the so basically, at that point, it’s all follow-ups. So from the court perspective, it’s you have these check-in conferences that usually happen give or take six months afterwards. Okay? It depends on the court calendar. There is a statutorily defined time limit with within which they have to happen, reoccurring, in a reoccurring fashion.
Tyler: But Is that usually in perpetuity every six months?
Hunter: Until until the until the CINA issue is cured. Right? Which how long does it I mean, if you have a child that that has a, you know, a developmental delay, right, that caused them to be CINA Mhmm. How long does it take to get that fixed, you know, till the child’s twenty one? Yeah. I mean Right?
Tyler: A lot of support, a lot of resources you need. Yeah.
Hunter: It may not ever go away. Right? And, and CPS may not ever feel comfortable letting you have your kids again depending on what the allegation is, which is which is terrible. But the the the court side after the disposition hearing is kind of on the back burner. You’re doing this once a six month thing. But for the family, it still can be really intense. Okay? Because you may or may not have your children. Right? All of a sudden, you went from being, you know, the solo parent to I get to see my kids for supervised access once a week at grandma’s house and they’re an hour away. Right? I have to drive two hours to see my kid for ten minutes while somebody else watches. Right? So you have those potential life-altering events. It may or may not affect your job, okay, depending on whether or not you have security clearances. Okay? Because now you have findings of child abuse or neglect potentially. And that and I’m not I’m not even talking about whether or not this intersects with criminal stuff. You know, there’s a whole another appeal process that will resolve from indicated findings of abuse and neglect from a CPS investigation that’s separate than this. That’s happening on the back end, so you have to appeal that as well to go to the Office of Administrative for a separate hearing, totally different than this issue. So, really, I mean, you’re dealing with three different things at the same time.
Tyler: Crazy.
Hunter: But you you know, regardless of what the outcome is, once in terms of the children being removed or not, for the family, you are now working with a social worker according to what the judge said, and that person will be in your home checking up on you potentially if the children are still with you. So you might get moved to, you know, family preservation services or, beyond some kind of I mean, we talked about safety plan, but effectively now it’s a court order. You may even have something like an order for controlling conduct. What does that mean? It means not only is the judge ordering you to do something as the parent. The other family members might be subject to a court order that could subject to them, subject them to imprisonment if they were to not follow through on it.
Tyler: Really?
Hunter: Right? I mean, you may have grandparents who are no longer allowed to have supervised acts unsupervised access to the child, otherwise, the judge will hold them in contempt. I mean so it’s, you know, the the just because you’re not showing up to court doesn’t mean that this is no longer affects your life, and you will feel it you will feel it sometimes every day
Tyler: Wow.
Hunter: Even if you’re not in court after this happens
Peter: So Well, I appreciate you talking about it today, Hunter.
Hunter: Sure.
Peter: You clearly have, a lot of information and a lot of, experience in incentive cases, and I appreciate you discussing with us that experience..
Hunter: Thanks, It’s been a pleasure. I’m happy to talk.
Tyler: Yeah. I mean, I’m just looking at this from an outside perspective, it is you definitely need that guide or somebody to walk you through the process or what to expect because there’s a lot to unpack here, and there are a lot of potential pitfalls you can see going into the process.
Hunter: It takes it takes a lot of years to be a trial attorney. It takes, a lot of practice, and it would be hard to do that while you are this stressed out in thirty days no matter how smart you are. So it’s it’s a lot, and, it’s it is rewarding to me to be able to shepherd other people through this process and to frankly take care of them, when they need an advocate also. So Thanks for having me.
Tyler: Yeah. Thank you.
Peter: Thank you.
Challenging DUI test evidence
Challenging DUI test evidence
In DUI cases, challenging the evidence presented by the prosecution can be important in building a strong defense. Two common types of evidence used in DUI cases are breath alcohol tests and field sobriety tests.
Understanding the potential inaccuracies and limitations of these tests can help you combat the evidence against you.
Breath alcohol test issues
Breath alcohol tests measure the alcohol content in a person’s breath. While law enforcement uses these tests often, they are not always accurate. Factors such as improper calibration, environmental conditions and certain medical conditions can affect the results.
Field sobriety test issues
Field sobriety tests are physical or cognitive tasks that assess a person’s level of impairment. These tests can include tasks such as walking in a straight line or standing on one leg. While law enforcement often relies on these tests to determine impairment, they are not always reliable indicators of intoxication. Factors such as nervousness, fatigue or physical conditions can affect a person’s performance on these tests.
Methods to challenge tests
There are a few methods to use when questioning test evidence. You can approach this by challenging the accuracy and reliability of both breathalyzer tests and field sobriety tests. To do this you can question the administration of the tests, look into the qualifications of the officers conducting the tests or present evidence to contradict the results.
DUI evidence such as breath alcohol tests and field sobriety tests are not always ironclad. Challenging this evidence can be a part of building a strong defense.
If you or a loved one has been charged with a DUI your best bet is to contact an attorney right away.
Call 1(888)-JCLAW-10 today for a free consultation with one of our experienced attorneys, or if you’d prefer to schedule your consultation at your convenience, click here to reserve your phone, video, or in-person consultation at a later time.
Remember; at JC Law, we aren’t just your lawyer. We’re your legal ally.
How is Child Abuse Handled in the Pennsylvania Legal System?
How is Child Abuse Handled in the Pennsylvania Legal System?
In our two previous blogs, we covered child abuse and CINA cases in Maryland and Virginia, and we’ll now do the same for the Pennsylvania legal system; outlining the different criteria for child abuse as defined by the state, and the steps that are taken in the event that child abuse is allegedly taking place.
What is Child Abuse?
For starters, it’s important to establish a definition for “child abuse” in the eyes of the Pennsylvania legal system. Under the state’s Child Protective Services Law (CPSL), various actions and inactions constitute child abuse, aiming to safeguard children from physical, emotional, and sexual harm. This definition includes “any recent act, failure to act, or series of such actions or failures that result in harm or create a substantial risk of harm to a child under 18 years of age.”
Legal Definitions of Child Abuse in Pennsylvania
In Pennsylvania, just like in Maryland and Virginia, there are different “types” of child abuse as recognized by the state, with each one possessing distinct characteristics, patterns of abuse, and consequences for any abusers.
Physical Abuse
Physical abuse involves causing bodily injury to a child through non-accidental means. This can include actions such as hitting, shaking, burning, or any other form of physical harm. The law specifies that any recent act or failure to act that results in physical injury, such as bruises, fractures, or burns, is considered physical abuse.
Emotional Abuse
Emotional abuse, or psychological maltreatment, refers to behaviors that harm a child’s mental or emotional health. This can include verbal assaults, threats, rejection, or other forms of chronic and extreme mistreatment. Emotional abuse can be challenging to identify but is equally damaging as physical abuse.
Sexual Abuse
Sexual abuse involves any sexual act or behavior imposed on a child. This includes not only direct physical contact but also exploitation, such as child pornography, and any form of sexual activity where a child is used for sexual gratification. The law recognizes that any sexual conduct with a child is a severe offense and constitutes abuse.
Neglect
Neglect occurs when a caregiver fails to provide for a child’s basic needs, such as food, shelter, medical care, education, and supervision. This type of abuse is characterized by a pattern of failing to meet the child’s essential needs, leading to potential or actual harm to their well-being.
Reporting Child Abuse
Pennsylvania law mandates that certain professionals, known as mandated reporters, must report suspected child abuse. Mandated reporters include individuals who work with children, such as teachers, doctors, nurses, and social workers. They are legally obligated to report any suspected abuse to ChildLine, Pennsylvania’s child abuse hotline, or through an online reporting system.
Additionally, any individual who suspects child abuse can and should report their concerns, regardless of whether or not they’re professionally obligated as a mandated reporter. Reports can be made anonymously to ensure that children receive the protection and intervention they need.
Investigations and Consequences
Once a report is made, Child Protective Services (CPS) will conduct an investigation to determine if abuse has occurred. If abuse is confirmed, CPS will take steps to protect the child, which may include removing the child from the home, providing services to the family, and pursuing legal action against the perpetrator.
Perpetrators of child abuse can face severe legal consequences, including criminal charges, imprisonment, and loss of custody or parental rights. The state takes these matters seriously to ensure the safety and well-being of children.
Preventing Child Abuse
Preventing child abuse requires a community effort. Education and awareness programs are crucial in helping individuals recognize the signs of abuse and understand their reporting responsibilities. Support services for families, such as counseling and parenting classes, can also play a significant role in preventing abuse before it occurs.
Child abuse is a critical issue that demands our attention and action. Pennsylvania’s laws, just like those in other states, are designed to protect children from harm and ensure that those who commit abuse are held accountable. By understanding the definitions and legal framework surrounding child abuse, we can all contribute to creating a safer environment for children to grow and thrive. If you suspect child abuse, do not hesitate to report it and help protect the vulnerable children in our community.
Dealing with a Child Abuse Case? JC Law is here to help.
While blog posts and other educational articles can be a valuable tool to familiarize yourself with the general guidelines and laws surrounding child abuse, they don’t replace the insight and advice you can get directly from a qualified legal professional. If you or a loved one are dealing with a child abuse case, your best bet, after reporting the abuse if appropriate, is to contact an attorney right away.
Call 1(888)-JCLAW-10 today for a free consultation with one of our experienced attorneys, or if you’d prefer to schedule your consultation at your convenience, click here to reserve your phone, video, or in-person consultation at a later time.
Remember; at JC Law, we aren’t just your lawyer. We’re your legal ally.
What Constitutes “Child Abuse” in the Virginia Legal System?
What Constitutes “Child Abuse” in the Virginia Legal System?
Child abuse is a serious issue and one can take many different forms, each one causing substantial harm to the victims. As such, understanding what defines child abuse is critical not only for the protection of children, but the prosecution of offenders.
In our previous blog, we covered child abuse and CINA cases in Maryland, and this post aims to do a similar thing for the Virginia legal system; detailing the different “types” of child abuse as defined by the state, the signs of child abuse to look for, and the legal framework in place in Virginia to address this issue.
Types of Child Abuse
Child abuse in Virginia is generally categorized into four main types: physical abuse, emotional abuse, sexual abuse, and neglect. Each type has distinct characteristics and potential signs, which we’ll dive into below.
Physical Abuse
We’ll begin with a particularly straightforward type of child abuse. Physical abuse, simply put, involves the infliction of physical injury upon a child. This can include hitting, beating, burning, or any other action that causes physical harm. Signs of physical abuse may include:
- Unexplained bruises, burns, or fractures
- Injuries that do not match the given explanation
- Fear of going home or fear of certain individuals
- Wearing long sleeves or other clothing to hide injuries, even in hot weather
Emotional Abuse
Emotional abuse refers to behaviors that harm a child’s self-worth or emotional well-being. This can involve verbal assaults, constant criticism, threats, or rejection. While often just as damaging as physical abuse, emotional abuse can be a bit more complicated, especially when it comes to identifying it. Indicators of emotional abuse might include:
- Excessive withdrawal, fear, or anxiety about doing something wrong
- Extreme behavior such as aggression or passivity
- Lack of attachment to the parent or caregiver
- Developmental delays in emotional or intellectual growth
Sexual Abuse
Sexual abuse encompasses any sexual act between an adult and a child, including molestation, rape, or exploitation through pornography. Warning signs of sexual abuse can be:
- Difficulty walking or sitting
- Knowledge of sexual acts inappropriate for the child’s age
- Sudden changes in behavior, such as regression to earlier behaviors
- Reluctance to be left alone with certain individuals
Neglect
Neglect, much like emotional abuse, is a type of abuse that can often be difficult to easily identify, because it often takes the form of a pattern of withholding necessities from a child over a longer period, rather than one explosive act of violence.
This includes the failure to provide a child with food, shelter, medical care, education, and supervision. Signs of neglect may include:
- Poor hygiene, dirty or inappropriate clothing
- Unattended medical or dental issues
- Consistent lack of supervision
- Frequent absenteeism from school
How Child Abuse is Handled in the Virginia Legal System
Virginia’s legal system has specific statutes to combat and address child abuse. The Virginia Department of Social Services (VDSS) oversees Child Protective Services (CPS), which is responsible for investigating reports of child abuse and neglect. The key legal points include:
Mandatory Reporting
Virginia law mandates that certain professionals, such as teachers, doctors, and social workers, report any suspected child abuse or neglect. Failure to report can result in legal consequences for the mandated reporter.
Investigation and Intervention
Upon receiving a report, CPS conducts an investigation to determine the validity of the claim. If abuse or neglect is confirmed, CPS can take various actions, including offering family services, removing the child from the home, or pursuing legal action against the abuser.
Criminal Penalties
Perpetrators of child abuse can face severe criminal penalties in Virginia. Depending on the nature and severity of the abuse, charges can range from misdemeanors to felonies, with corresponding penalties including fines, imprisonment, and loss of custody rights.
Recognizing the signs of child abuse and understanding the legal framework in Virginia is crucial for protecting children and ensuring they grow up in safe environments. If you suspect a child is being abused or neglected, it is imperative to report it to the authorities. For more information or to report suspected abuse, contact the Virginia Department of Social Services or local law enforcement.
If you or a loved one are dealing with a child abuse or other family law case, don’t waste any time and call us TODAY at (888) JCLAW-10 for a free, one-on-one consultation with a member of our team. If you’d prefer to meet with us at your convenience, click here to reserve a phone, video, or in-person consultation.
Remember, at JC Law, we aren’t just your lawyer. We’re your legal ally.
CINA Cases in Maryland: What Are They, and How Do They Work?
CINA Cases in Maryland: What Are They, and How Do They Work?
In Maryland, just like in any other state, child abuse and neglect are treated as serious matters that can carry equally severe consequences. While these are considered legitimate crimes that can be addressed in criminal court, separate intervention by the court system is often needed to ensure the safety of any children involved. This court intervention is known as a “Child in Need of Assistance” (or “CINA”) case, and they serve as the primary line of legal defense to protect children who’ve been abused, neglected, or have a developmental disability or mental disorder, and whose parents, guardian, or custodian cannot or will not provide proper care.
As stated above, the primary goal of the CINA process is to ensure the safety and well-being of the child while trying to keep families together whenever possible, NOT to criminally prosecute any instances of child abuse or neglect.
Here is an outline of the typical steps involved in a Maryland CINA case:
- Report and Investigation: When someone observes or suspects an instance of child abuse or neglect, they’ll report it to their local Department of Social Services (DSS), which will launch an investigation into the claim.
- Petition Filing: If DSS determines that the child or children need legitimate assistance, they’ll file a formal CINA petition with the juvenile court system for the county where the child lives.
- Shelter Care Hearing: If the child needs immediate protection, a “shelter care hearing” is held to determine if the child should be temporarily removed from the home and placed in the protection of the state to ensure their safety. This hearing occurs within 24 hours of the child’s removal.
- Adjudicatory Hearing: This is a particularly important step in the CINA process, as the adjudicatory hearing is held for the purpose of the court formally determining whether the allegations of abuse or neglect are substantiated. These typically occur within 30 days of the initial petition being filed.
- Disposition Hearing: If the court does find the child to be a CINA, a disposition hearing is held to decide on the child’s placement and the services needed by the child and family. This may include placing the child in foster care or with a relative and ordering additional services like counseling or parenting classes.
- Review Hearings: Periodic review hearings are conducted to monitor the child’s situation and the parents’ progress towards meeting the court-ordered conditions. The goal is usually reunification, if it is safe and feasible.
- Permanency Planning Hearing: This hearing, held within a year of the child entering foster care, establishes a long-term plan for the child’s placement. Options can include reunification, adoption, guardianship, or another planned permanent living arrangement.
As mentioned above, the CINA process is not designed to permanently “tear children away” from their parents the second a petition is filed. It’s meant to balance the child’s immediate safety with the goal of family reunification, whenever it is in the child’s best interest.
While a CINA case is often an extremely stressful and emotionally charged process, they’re vitally important as a means of protecting victims of child abuse & neglect through court intervention.
However, just because the CINA process has clearly defined steps and stages does not make them straightforward or simplistic cases. They can often be very complicated, involving multiple hearings and government agencies, and the complexity is only increased if there’s more than one child involved. These cases also move very quickly, so it’s important to retain an experienced lawyer as soon as possible.
For that reason, just like with any court case, it’s best to seek the advice and representation of an experienced, knowledgeable family law attorney who can help guide you along your legal journey, answering questions, handling the complex paperwork, and fiercely defending your best interests in and out of the courtroom.
Luckily, that’s where we come in.
JC Law has been representing Marylanders in CINA, divorce, custody, child support, and other family law cases for over 30 years, and we’re more than ready to lend our expertise to your situation.
If you or a loved one are dealing with a CINA or other family law case, don’t waste any time and call us TODAY at (888) JCLAW-10 for a free, one-on-one consultation with a member of our team. If you’d prefer to meet with us at your convenience, click here to reserve a phone, video, or in-person consultation.
Remember, at JC Law, we aren’t just your lawyer. We’re your legal ally.