Right to Counsel for Swiss citizen?

[JaneG]

What is the name of your state? Nevada/California

My friend is incarcerated in the county jail in Los Vegas. She is a Swiss citizen who married an American citizen and had 7 children. After a nasty custody battle lasting 7 years the abusive father eventually gained full custody of the children, the children ran away from the father several times. This last December they ran awayfrom the father's home in California to her home in Los Vegas. She did not set foot in California nor did she transport the children. Previously, she had warrants out for contempt of court, but has a clean record otherwise. They arrested her in April the charge being fugitive from justice. They want to extradite her back to California, but she is refusing to sign the papers. She has not received any legal counsel and has been drained of all her finances from constant legal harrassment in the court by the father's attorney. Needless to say, she cannot afford an attorney of her own, but she has been told that she will not have an P.D. assigned to her until she signs the extradition papers. Why? is this because she is not an American citizen? Is this legal?

Thanks!

JaneGWhat is the name of your state?

 

[BelizeBreeze]

What is the name of your state? Nevada/California

My friend is incarcerated in the county jail in Los Vegas. She is a Swiss citizen who married an American citizen and had 7 children. After a nasty custody battle lasting 7 years the abusive father eventually gained full custody of the children, the children ran away from the father several times. This last December they ran awayfrom the father's home in California to her home in Los Vegas. She did not set foot in California nor did she transport the children. Previously, she had warrants out for contempt of court, but has a clean record otherwise. They arrested her in April the charge being fugitive from justice. They want to extradite her back to California, but she is refusing to sign the papers. She has not received any legal counsel and has been drained of all her finances from constant legal harrassment in the court by the father's attorney. Needless to say, she cannot afford an attorney of her own, but she has been told that she will not have an P.D. assigned to her until she signs the extradition papers. Why? is this because she is not an American citizen? Is this legal?

Thanks!

JaneGWhat is the name of your state?

There is no way we can answer such a question because we don't know the entire history of the arrest or her legal circumstances. The best you can do for your 'friend' is to ask an attorney in Nevada to review her case.

I don't believe she is innocent in all of this, but that's a personal stand, not legal.

 

[AHA]

What is the name of your state? Nevada/California

My friend is incarcerated in the county jail in Los Vegas. She is a Swiss citizen who married an American citizen and had 7 children. After a nasty custody battle lasting 7 years the abusive father eventually gained full custody of the children, the children ran away from the father several times. This last December they ran awayfrom the father's home in California to her home in Los Vegas. She did not set foot in California nor did she transport the children. Previously, she had warrants out for contempt of court, but has a clean record otherwise. They arrested her in April the charge being fugitive from justice. They want to extradite her back to California, but she is refusing to sign the papers. She has not received any legal counsel and has been drained of all her finances from constant legal harrassment in the court by the father's attorney. Needless to say, she cannot afford an attorney of her own, but she has been told that she will not have an P.D. assigned to her until she signs the extradition papers. Why? is this because she is not an American citizen? Is this legal?

Thanks!

JaneGWhat is the name of your state?

Why did she not apply for Green Card and subsequently US citizenship during all those years it took to produce 7 kids?

 

[JaneG]

Reframing question

Thankyou for responding.It is obvious that I have no background in legal matters. That is why I came here in the hope of getting answers.
I am an American citizen born and raised. My 'friend' is a Swiss citizen here legally. No, she is not entirely innocent : she didn't turn over all of her picture albums to her ex including photos she had taken before being married as she was court ordered even though she did offer to make copies for him, yes, she did not appear at some hearings because she was not notified and she could not afford an attorney, while her ex could afford to buy the most high powered attorney available. The whole case is incredibly complicated. Even the Swiss consulate general has been involved.
My question is simply: Is it legal in the USA to deprive an incarcerated person of legal counsel under any circumstances? If so, what are the circumstances?

Thanks

 

[BelizeBreeze]

Thankyou for responding.It is obvious that I have no background in legal matters. That is why I came here in the hope of getting answers.
I am an American citizen born and raised. My 'friend' is a Swiss citizen here legally. No, she is not entirely innocent : she didn't turn over all of her picture albums to her ex including photos she had taken before being married as she was court ordered even though she did offer to make copies for him, yes, she did not appear at some hearings because she was not notified and she could not afford an attorney, while her ex could afford to buy the most high powered attorney available. The whole case is incredibly complicated. Even the Swiss consulate general has been involved.
My question is simply: Is it legal in the USA to deprive an incarcerated person of legal counsel under any circumstances? If so, what are the circumstances?

Thanks

Then this is a civil matter and no, your friend is NOT entitled to an attorney in a civil matter. That right, alghough for all persons within the U.S. Judicial System, is reserved only for those facing criminal charges.

 

[CdwJava]

She is not likely to receive a public defender in NV with regards to an extradition hearing to CA.

What she needs to realize is that with the valid warrants from CA she IS going to CA. Alls she can do by being obstinate is delay the inevitable. She can sit in NV and see a judge a couple of times, and then she will be on her way to CA anyway. Since she is apparently not charged with a crime in NV, then no P.D. is likely to be assigned to represent her. When she returns to CA to face the criminal charges, THEN she can receive a P.D.

- Carl

 

[JaneG]

Thank you Carl!
That is the info that I need. I really appreciate your help. The reason she is refusing to sign the extradition papers is that she will be sent back to the tiny "Good Ol' Boy" county where her ex has a lot of friends in high places. She is afraid that there is already too much bias against her and that she will not get a fair trial. Some of these small mountain counties seem to think they are a law unto themselves.
I do not fully understand the charges against her, but I don't believe it is a civil case. She is being held in the maximum security section on the jail. I have always believed in our American Justice system and would not believe that a person could be treated as outrageously as she has in that system if I had not watched this whole process happen to her and her children with my own eyes.
Thanks again for your helpful response. I will pass the info on to her.

JaneG

 

[CdwJava]

As an FYI, I currently live and work in a county much like the one you describe, and the system is not quite as bad as you - or she - might think. He may have led her to believe he has friends in high places, but the burden for a criminal conviction is still such that the burden of proof to show guilt beyond a reasonable doubt is required. And it is highly doubtful that there are many people in power there who will risk evetrything just to get a pat on the back from her ex.

If she permitted the children to remain with her in violation of the court order, then she has violated the law. There is a section under CA law that permits a party to violate the order if it is done to protect the children AND the proper authorities are notified. If she failed to notify the police or CPS where the abuse took place - or even where she lived - then she is going to have a tough time making a defense.

Plus, nothing she does will prevent her extradition to CA - she can only delay it.

- Carl

 

[JaneG]

Thanks again Carl!
My fingers are crossed that what you say about small counties is true. The abuse was reported to the authorities and CPS not only by her, but by the children themselves. A Psych Eval was done early on in the case by a court appointed incredibly incompetent Psychologist. The father has used this report to claim PAS and to discredit the mother and the children, although reports of abuse done by the father to the children were also filed by a police officer, a teacher, and the father's neighbor. When the children ran away from the father and came to her she said an attorney in Los Vegas told her to file again. That is when she was arrested and the children returned to the father.
It is a very sad case for the whole family. I hope that now that it has been removed from the family court and will be heard as a criminal case with a PD appointed to her, that justice will prevail for all the members in the family and my faith in our judicial system restored.

Thanks again
JaneG

 

[CdwJava]

The abuse was reported to the authorities and CPS not only by her, but by the children themselves.

Two things: (1) Reports of child abuse in custody cases are about as common as the sun rising in the morning. And, (2), children can often be unreliable witnesses in abuse cases where there are no marks or bruises as it is also common that children will manipulate the saituation to get what they want, or will be manipulated by one of the parents.

Depending on the ages of the children, the credibility of the statements, and the nature of the alleged abuse, there may or may not be anything that can be done. And if the children were not taken from the home the chances are that the reports had thus far been inconclusive (i.e. ruled to be "unsubstantiated" or "unfounded").

A Psych Eval was done early on in the case by a court appointed incredibly incompetent Psychologist.

In all honesty, you are not in a position to determine the competency of a psychologist in a matter in which you are not even a party.

The father has used this report to claim PAS and to discredit the mother and the children, although reports of abuse done by the father to the children were also filed by a police officer, a teacher, and the father's neighbor.

These reports are allegations and are mandated by law by police and educators even if the abuse is only suggested or suspected. The fact it was "reported" does not mean that any criminal allegations were forwarded to the DA or that any significant investigation was warranted or conducted. I'd say that only one out of 6 cross-reports to CPS results in an investigation for criminal child endangerment ... and very few of those result in a request for charges to the District Attorney.

Child Abuse allegations are very common. And in custody cases they are a given.

When the children ran away from the father and came to her she said an attorney in Los Vegas told her to file again. That is when she was arrested and the children returned to the father.

The attorney probably was hoping that she could get a stay of the custody order or some order that woul allow her custody in NV at elast until the matter could be worked out. But that was likely BEFORE the attorney knew about the warrants. I doubt there are many judges that are going to blow off a warrant issued by another judge even in another state.

It is a very sad case for the whole family. I hope that now that it has been removed from the family court and will be heard as a criminal case with a PD appointed to her, that justice will prevail for all the members in the family and my faith in our judicial system restored.

Well, if by "faith" in the judicial system you mean that she wins, you may be disappointed. The law is not solely about what you think might be right or wrong. The legal matters here will be decided upon issues of law and, frankly, things don't look good for her right now.

If she lost custody in the first place, chances are there were some serious allegations made against her in the first place and these allegations are almost certain to raise their ugly head again. Unless she is able to show that the previous allegations are false or at least in error, then she will be back to where she began.


- Carl

 

[JaneG]

Thanks Carl:
You are right. This is an almost unbelievably complicated case, as many custody issues are. I have worked as a professional with the Child Protective Services for 20 years and know way much more than I care to about child abuse, false allegations, and how hard it is to prove one way or the other in situations like this.
My statement about having faith in our Judicial system is meant as I stated it. I am hoping that no matter what the ruling of the court that it is fair and unbiased for all those involved, not only for my friend, but for the father. If my friend is guilty then she should face the consequences of her actions, but if dad is guilty, so should he. I want to have faith that our judicial system can sort the matter out and provide justice where it is due, especially for the children, who after all are the real victims here.

Thanks again

JaneG

 

[CdwJava]

Fair enough.

And, you're welcome.

Good luck to the children.

- Carl