Looking for an Attorney to Sue School District and DCF

[Folsom]

There is something called a taint hearing. It is designed to determine if the child was influenced by those investigating the case.

Could that work if the police didn't even charge him? It seems like they dropped the case at this point where they could have been influencing the child.

 

[Mark (Basspig) Weiss]

The CAIT interview (Child Abuse Intervention Team) was to asked targeted questions of the child to determine if sexual abuse occurred. Apparently, they found nothing. I visited with the police officer involved at his request and filed an affidavit. After the CAIT interview, the meeting with police and myself took place. The police were satisfied that there's no issue. But the DCF continued to keep the protection order in place til after the new year. That was finally lifted last Friday.

A friend who knows my house situation advised me not to pursue a case against the school, citing they could hit me with all sorts of code violations and the fact that I'm way behind on the taxes, as well as running "business" operations from the home in a residential zone and without any licenses. It could open 'pandora's box'. And given the school and DCF enjoy immunity, and that all procedures were likely followed, I'd just be wasting money I don't have. The attorneys wanted $5,000-7,000 retainers just to get started. Sadly, I don't have that. I was so distracted from making a living in December by this that I failed to raise enough income for the December property tax payment. My wife lost several days off work and she was in training for a new job which made matters all the worse between her and her new boss.

I was under investigation, but they found nothing to pin on me, so ultimately no charges filed. But we both had the sh*t scared out of us, especially after speaking with six different attorneys who all said pretty much the same thing: arrest --> $200K CASH bond --> 3 years working through the courts, if the CAIT interview should somehow go badly. The attorneys agreed that DCF has financial incentive to take children and put them in foster care. The people that gravitate to that field have an ax to grind with fathers and men in general (all said by a female attorney I spoke with). It was not good news. But the worst of it is over now, though they are entrenched in our daily lives monitoring us. We can't even have a conversation in front of our daughter because she parrots in school and then the school knows what we're saying. It's awful. Feels like the Germany my father described just before leaving in 1936.

 

[Folsom]

I think you're answering your own question. It's best to leave it alone. If you've recovered from your taxes and what not down the road, a news story or sharing among forums online may be useful to others to not end up with this problem.

I suppose home school isn't an option?

 

[Gregadd]

It is a nightmare. Not to mention the collateral consequences. Many plead guilty to nonsexual charge.

They then learn they are still treated like a sex offender. Once you have registered as a sex offender good luck trying to find a place to live.

 

[Folsom]

Our country needs serious reform on that. Boys that are 17 have sex with 16 g/f; it's legal in many states for 16&17 year consenting minors. Boy turns 18 and gets filed as sex offender when prosecuted for statutory rape, no record of sex after turning 18 (may have even been separated for weeks, months).

Or the man who pee'd outside in an alley... Etc.

There are people that are a problem. And for some reason it's some people's mission to dilute the water so the real problem people are just a drop in the bucket with little attention.

 

[Gregadd]

The fact that his case was dropped could actually work against you. The process appears to have worked.

 

[Mark (Basspig) Weiss]

The only way to avoid this kind of situation is to move to a free country, or at least one that does not have a huge government. Don't have children. Even if you mind your own business and stay home, trouble can still find you. Unpaid taxes. Wrong address SWAT raid, etc.

Home school is something we considered, but the laws make it so difficult and dealing with an autistic child is very repetitive and frustrating. If I could have taught her to read and other basic skills, she could have taught herself the rest by reading books. But every attempt to teach her has frustrated me. Frankly, I've had better results teaching my grey parrot how to read (or at least recognize letters of the alphabet).

Yeah, the prison industry is huge in this country. 3 million people behind bars, mostly for 'manufactured crimes' such as possession of a weed. They're voting on a bill to lower the DUI threshold to .05 BAC now, so that will kill much of the night club industry, as many people of small build will exceed that with one beer.

I'd rather live in Japan, where this madness hasn't gone this far. Zero tolerance. If you see something, say something, and all that Nazi-era crap is in full force in America.

 

[dallasjustice]

I'm a criminal defense lawyer. I can't go into too much detail. But there are a few things which should be done. If the investigator told you he/she closed the case, your state most likely has an Open Records Act. If so, you should make an open records request to the police agency who investigated you. There is usually is another law which authorizes open records from the child agency. In Texas, we call it DFPS.

You need all these records because, IME, there's a chance another allegation will be made in the future. If that happens, it will help you to show the history of past false allegations. The less important reason you want this stuff is so that you could find a lawyer to help you. I really don't think you would have a case. Certainly, no lawyer would take it on contingency and pay all the fees out of their own pockets. But you never really know what's in those records. I generally don't sue the government but there are always exceptions to that depending on the case. I wouldn't be able to help you since I'm in Texas.

I'm sorry you are going through this. IME, a very high percentage of criminal sexual abuse allegations are totally false. I would guess it's just as common as false family violence cases. Under the political climate we find ourselves, government policies practically encourage false allegations in these types of cases. I know it sounds like a crazy conspiracy theory or wacky libertarian grand standing. But it's really true, IME.

Michael.

 

[Mosin]

My take on all this is that the government is filled with bureaucrats who have nothing better to do than harass the people who pay them.

What is it with Connecticut? We are always hearing these sorts of stories from there. You need to move to a warmer, cheaper, friendlier state.

 

[Folsom]

Michael, this topic turned my insides a little, so even though nothing happened to me thanks for replying with the tiniest bit of information from a professional such as yourself. It's the incite like having previous information on hand for possible allegations occurring again, that a laymen like me would not have thought about without the experience.

 

[Gregadd]

I agree. My approach would be to have the records sealed or destroyed if your state allows.
Of course that is only if you decide not to sue.

Criminal suspects are no one's constituency
Every politician runs for cover.
Especially when children are involved . I have lobbied the legislature many times with little succes.

 

[dallasjustice]

I agree. My approach would be to have the records sealed or destroyed if your state allows.
Of course that is only if you decide not to sue.

Criminal suspects are no one's constituency
Every politician runs for cover.
Especially when children are involved . I have lobbied the legislature many times with little succes.

I would most certainly not want to have those records destroyed or expunged. They may come in handy later. If there was an expunction order in place, even if the records were retained, they may not be usable in a subsequent criminal case. Since he was not arrested, there's really no "criminal history" anyway.

Also, in Texas, one can only have his/her "record" destroyed if he/she was arrested or gets arraigned in court. Again, maybe the law is different in Conn.

 

[Folsom]

I would most certainly not want to have those records destroyed or expunged. They may come in handy later. If there was an expunction order in place, even if the records were retained, they may not be usable in a subsequent criminal case. Since he was not arrested, there's really no "criminal history" [so long as public opinion agrees or is ignorant].

Correction above.

 

[dallasjustice]

Correction above.

No. I am talking about background checks. When someone runs your "criminal history" online, it almost always will only show arrests and/or prosecutions for jailable offenses. At least, that's what is made publicly available in Texas to the internet criminal history companies. I don't know about Conn. but I bet it's pretty much the same there too.

 

[Folsom]

No. I am talking about background checks. When someone runs your "criminal history" online, it almost always will only show arrests and/or prosecutions for jailable offenses. At least, that's what is made publicly available in Texas to the internet criminal history companies. I don't know about Conn. but I bet it's pretty much the same there too.

I know what you mean. But these days background checks not with officials include a public one, via the internet etc. My point is just that things extending beyond the law might as well be thought of as an evolving extension of it these days.

 

[Gregadd]

No. I am talking about background checks. When someone runs your "criminal history" online, it almost always will only show arrests and/or prosecutions for jailable offenses. At least, that's what is made publicly available in Texas to the internet criminal history companies. I don't know about Conn. but I bet it's pretty much the same there too.

I understand your point.i

A decision not to prosecute is purely discretionary and is not an exoneration.
Just ask Jamus Winston,Florida State QB. That information can be used to prove you are a bad person.
That has all sorts of collateral consequences short of a conviction.

 

[Mark (Basspig) Weiss]

Two of the six attorneys I consulted with in CT told me that I should have an official letter on file with the DCF as to the history of my daughter. This is my SECOND brush with the DCF in five years. The first one was when she went to summer school (she is developmentally delayed) and the staff there were not aware of her odd behavior. Right away they called DCF. They sent an agent to the house that summer and I basically told them to pound sand. 45 days later, they mailed us a notice that the case was closed for lack of evidence.

But this time, they abducted my daughter at school so we had to come in and cooperate with them. I'm not Liam Neeson and this isn't the movie "Taken", besides if I had resorted to violence to recover my daughter, I would be in jail today. But needless to say, I was pissed.

I spoke with an attorney friend of mine on Long Island, who practices estate law, and he said I should file a $10 million civil rights suit against the state and DCF. But my search for attorneys ended in frustration.

Who knows if all this crap has put my name on the No Fly List? I guess I'll find out when I make my exploratory trip to Japan.

 

[Folsom]

In my mind filing against them shows qualities that make me think not guilty. That's a benefit, even to a losing case; but at what financial cost I don't know. Hoping it goes away looks more like a desire to be hidden for whatever reason; and maybe incentive for others to pursue you again since it's easy.

I'm not sure the payoff holds enough weight, given where you're at with everything and want to be (Japan).

 

[Gregadd]

Dallasjustice
Learning that this has happened before it may not be wise to destroy the records. They should at least be sealed.
I assure you in DC all sort of mischief can occur.
But it is useful to be able to prove a history of of false acusations.
I do however think you can accomplish that with private records. I would suspect there is something there you don't want to go public. Innocence notwithstanding.

 

[Mark (Basspig) Weiss]

As far as records go, I have to consider my daughter's future life as an adult. She should not have to go through life with a stigma attached to her in the form of public records.