• FreeAdvice has a new Terms of Service and Privacy Policy, effective May 25, 2018.
    By continuing to use this site, you are consenting to our Terms of Service and use of cookies.

false accusations

Accident - Bankruptcy - Criminal Law / DUI - Business - Consumer - Employment - Family - Immigration - Real Estate - Tax - Traffic - Wills   Please click a topic or scroll down for more.

D

didi

Guest
My husband and I were foster parents for 6 years and kept over 35 children in our home. We kept one child a female from the time she was 12 until 17, we were planning to adopt this child, but dfcs seemed to take their time in terminating parental rights. At the time they finally decided to do so the child was 17 and we decided not to adopt, one more year and she could legally change her name. Then the girl made an accusation aganist my husband. After three years, my husband was arrested, we had never had even a complaint aganist us. It finally went to trial and several of the children that had lived with us testified on our behalf. We won the case. We still suffer the loss. Do we have any rights? We loved the children and many of them still keep in contact and visit us. Can we ever be foster parent's again? Is my husband now labeled as a sex offender?
 


I AM ALWAYS LIABLE

Senior Member
<BLOCKQUOTE><font size="1" face="Verdana, Arial">quote:</font><HR>Originally posted by didi:
My husband and I were foster parents for 6 years and kept over 35 children in our home. We kept one child a female from the time she was 12 until 17, we were planning to adopt this child, but dfcs seemed to take their time in terminating parental rights. At the time they finally decided to do so the child was 17 and we decided not to adopt, one more year and she could legally change her name. Then the girl made an accusation aganist my husband. After three years, my husband was arrested, we had never had even a complaint aganist us. It finally went to trial and several of the children that had lived with us testified on our behalf. We won the case. We still suffer the loss. Do we have any rights? We loved the children and many of them still keep in contact and visit us. Can we ever be foster parent's again? Is my husband now labeled as a sex offender?<HR></BLOCKQUOTE>

My response:

In what years did the following events occur:

1. The accusation =

2. The arrest =

3. The end of the criminal trial =

Also, how did the trial end? Was it by aquittal, not guilty, or . . .?

What was the basis for the accusation, and what was the D.A.'s evidence in bringing the matter to trial?

Thanks for writing.

IAAL




------------------
By reading the “Response” to your question or comment, you agree that: The opinions expressed herein by "I AM ALWAYS LIABLE" are designed to provide educational information only and are not intended to, nor do they, offer legal advice. Opinions expressed to you in this site are not intended to, nor does it, create an attorney-client relationship, nor does it constitute legal advice to any person reviewing such information. No electronic communication with "I AM ALWAYS LIABLE," on its own, will generate an attorney-client relationship, nor will it be considered an attorney-client privileged communication. You further agree that you will obtain your own attorney's advice and counsel for your questions responded to herein by "I AM ALWAYS LIABLE."

 
L

LAM

Guest
The innocent are accussed everyday and suffer harm that will never be able to be removed. Our laws need to protect them whether it be in a foster parent situation or husband/wife in the midst of a divorce. Tooo many innocent people are being charged and serving time for these crimes they are innocent of, stripping them from their children and those that need them. May God Bless you and keep you within his wings of lokve and protection!
 
D

didi

Guest
Thank you so much for answering this! The accusation was made in 1996 in the state of GA. He wasnt arrested until 1999. The trial lasted 2 days, and ended with the jury finding him not guiltly. The entire time the DA tried to get my husband to plea bargin, he refused. He said he could walk away never serving a day, and with nothing on his record. I don't know what evidence the DA had, other than the girls statement. Because at the trial, he basically tried to make her sound like a victim.
 

I AM ALWAYS LIABLE

Senior Member
<BLOCKQUOTE><font size="1" face="Verdana, Arial">quote:</font><HR>Originally posted by didi:
Thank you so much for answering this! The accusation was made in 1996 in the state of GA. He wasnt arrested until 1999. The trial lasted 2 days, and ended with the jury finding him not guiltly. The entire time the DA tried to get my husband to plea bargin, he refused. He said he could walk away never serving a day, and with nothing on his record. I don't know what evidence the DA had, other than the girls statement. Because at the trial, he basically tried to make her sound like a victim. <HR></BLOCKQUOTE>

My response:

Thank you so much LAM. Now, can we get to the "legal side" of things?

Okay, the way I see this is:

1. Your husband is guilt-free (as opposed to LAM'S family member). Therefore, I will assist you.

2. Your husband's Civil claims are still within the Statute of Limitation;
a. Libel and Slander (only as to what she said or wrote about hubby BEFORE and AFTER the courtroom litigation;
b. False Arrest;
c. False Imprisonment;
d. Abuse of Process;
e. Malicious Prosecution;
f. Special Damages; Actual Damages; Punitive Damages.

Check with an attorney in your area for representation and further information about what else this little "Lolita" is in for. She's in for the time of her life in this matter. If you win, a judgment is good for 10 years, and renewable for another 10 years.

I've gotta tell you - - this is one case I'D LOVE TO HAVE IN MY OFFICE. GO GET HER !!

IAAL

------------------
By reading the “Response” to your question or comment, you agree that: The opinions expressed herein by "I AM ALWAYS LIABLE" are designed to provide educational information only and are not intended to, nor do they, offer legal advice. Opinions expressed to you in this site are not intended to, nor does it, create an attorney-client relationship, nor does it constitute legal advice to any person reviewing such information. No electronic communication with "I AM ALWAYS LIABLE," on its own, will generate an attorney-client relationship, nor will it be considered an attorney-client privileged communication. You further agree that you will obtain your own attorney's advice and counsel for your questions responded to herein by "I AM ALWAYS LIABLE."

 
D

didi

Guest
One other question, hopefully, can the state or caseworker in any way be held responsible? In my opinion they were just as guiltly. Knowing her past, didn't they just aide her? Can we be foster parents again, if we wanted to? Thank you Sooooo much, answer this and I will leave you alone.
Didi
 

I AM ALWAYS LIABLE

Senior Member
<BLOCKQUOTE><font size="1" face="Verdana, Arial">quote:</font><HR>Originally posted by didi:
One other question, hopefully, can the state or caseworker in any way be held responsible? In my opinion they were just as guiltly. Knowing her past, didn't they just aide her? Can we be foster parents again, if we wanted to? Thank you Sooooo much, answer this and I will leave you alone.
Didi
<HR></BLOCKQUOTE>


My response:

It's okay, really. While the issue of child molestation is absolutely repugnant to me, I don't mind helping the innocent accused, at all.

The social worker, in most States, is immune from prosecution. It makes no difference what her "past" was. Remember, sometimes these thing do, in fact, happen and if Social Workers, or District Attorneys, or Judges, or anyone else in the "public chain" could be sued, it would stifle the system and place a chill on Justice.

Part of your lawsuit against her will be the affects and the effects on yourselves and the records with the County Welfare System.
Despite the fact that your husband was found innocent, there is a ? still in your Welfare jacket concerning fitness. This has, and will cause, irreparable damage. The Social Workers will, perhaps, think twice about placing a child in your home. This is a sad fact, and the only way to rectify this, in a small way, is to sue the girl. Then, she'll think twice about lying next time. Like some woman use abortion for contraception, she uses lying to get her way. Now's the time to stop her and give her the biggest lesson of her life. This matter will have far-reaching effects on your lives, and it's about time the little vixon started to share in that "effect."

Best of fortune to you and your husband.

IAAL

------------------
By reading the “Response” to your question or comment, you agree that: The opinions expressed herein by "I AM ALWAYS LIABLE" are designed to provide educational information only and are not intended to, nor do they, offer legal advice. Opinions expressed to you in this site are not intended to, nor does it, create an attorney-client relationship, nor does it constitute legal advice to any person reviewing such information. No electronic communication with "I AM ALWAYS LIABLE," on its own, will generate an attorney-client relationship, nor will it be considered an attorney-client privileged communication. You further agree that you will obtain your own attorney's advice and counsel for your questions responded to herein by "I AM ALWAYS LIABLE."

 
L

LAM

Guest
And then there are poeple like the one giving "So-called leagal advice" to those in need who think they are God! You truly think way too much of your self. You have no right to cut me down for having compassion for someone who I know exactly how they feel. Thank God you are not God, judge or jury! You need to get off your "high throne" and be a little sensitive to those in need.
 
D

didi

Guest
Thank you for your help. It wasnt exactly what I wanted to here, but I know it was right. Just having some answers helps alot. Now I will leave you alone. Until next time I need legal advice. And I hope I never do again.
 

Find the Right Lawyer for Your Legal Issue!

Fast, Free, and Confidential
data-ad-format="auto">
Top