QUESTION
Can a Child Protective Services determination of abuse trigger a criminal charge?
Asked on Aug 14th, 2012 on Criminal Law - Texas
More details to this question:
I was recently arrested for criminal sexual conduct and released for insufficient evidence but now I face the possibility of a determination of abuse by child protective services.
20 ANSWERS
James Edward Smith
Yes.
Answered on May 28th, 2013 at 11:49 PM
Bruce Arthur Plesser
Yes.
Answered on May 28th, 2013 at 11:49 PM
Appellate Attorney serving Grosse Pointe Farms, MI
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Musilli Brennan Associates, PLLC
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Yes.
Answered on May 28th, 2013 at 11:48 PM
Child Custody Attorney serving Malvern, AR
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Law Office of Gregory Crain
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Yes.
Answered on May 28th, 2013 at 11:45 PM
Criminal Defense Attorney serving Deltona, FL
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R. Jason de Groot, P.A.
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Yes.
Answered on May 28th, 2013 at 11:44 PM
William C. Gosnell
Yes.
Answered on May 28th, 2013 at 11:44 PM
If an investigation by Child Protective Services results in additional evidence supporting a criminal charge, the police can use the evidence gathered by another agency. A person should consult with an attorney before answering questions by the police or any government agency.
Answered on Aug 20th, 2012 at 12:19 AM
Dennis P. Mikko
The short answer to this question is yes. Often, a report to Child Protective Services will trigger a criminal investigation. However, the standard of proof in each is much different. In a criminal case, the prosecutor must prove the accused's guilt beyond a reasonable doubt. In child protective proceeding the standard of proof is a perponderence of the evidence a much less standard. However, even though a child protective proceeding is not a criminal proceeding, anything said in the child protective proceeding could be used against the person in a criminal proceeding. In either, the accused is well advised to be represented by an attorney.
Answered on Aug 18th, 2012 at 2:11 PM
Wrongful Termination Attorney serving Huntington Beach, CA
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Nelson & Lawless
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Trigger a criminal charge? Absolutely. I'd be surprised if it didn't. When threatened or charged with any crime, the proper questions are, can any evidence obtained in a test, search or confession be used against you, can you be convicted, and what can you do? A little free advice: exercise the 5th Amendment right to SHUT UP and do NOT talk to police or anyone about the case except with and through an attorney. Raise all appropriate defenses with whatever witnesses, evidence and sympathies are available for legal arguments, for evidence suppression or other motions, or for trial. If you don't know how to represent yourself effectively against an experienced prosecutor intending to convict, then hire an attorney who does, who will try to get a dismissal, charge reduction, diversion, program, or other decent outcome through plea bargain, or take it to trial if appropriate.
Answered on Aug 18th, 2012 at 1:28 PM
Criminal Law Attorney serving Lancaster, NH
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Harden Law Office
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They are related but have different burdens of proof.
Answered on Aug 18th, 2012 at 1:14 PM
Domestic Violence Attorney serving Orange, CA
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Law Office of James Gandy
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I do not understand. Your question appears to reverse itself in the detail. It appears that you were first arrested and then Child Protective Services began looking into possible abuse. If this is correct, it can happen. Just because the police and District Attorney's office could not prosecute you does not mean that Child Protective Services cannot investigate the matter.
Answered on Aug 18th, 2012 at 1:10 PM
Michael J. Breczinski
If they get more evidence that implicates you the child protectives services WILL send it to the police. Do not make any statements to ANYONE.
Answered on Aug 18th, 2012 at 1:01 PM
Criminal Law Attorney serving Fremont, CA
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Steven J. Alpers, A Professional Corporation
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Cps could send the report to the DA for charging. A 300 juvenile court hearing may not trigger a criminal action.
Answered on Aug 18th, 2012 at 12:52 PM
Criminal Defense Attorney serving Seattle, WA
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The Law Office of Michael Morgan, L.L.C.
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CPS if they suspect criminal wrongdoing will probably report the matter to the prosecutor or the police.
Answered on Aug 18th, 2012 at 6:59 AM
3 Awards
Get a lawyer or you will at least be labelled - if they find enough evidence, the criminal charges can come back You are never safe from these charges.
Answered on Aug 18th, 2012 at 6:43 AM
Consumer Law Attorney serving Royal Oak, MI
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Gorman Law Group, PC
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A lack of evidence in the criminal case would not preclude protective services from finding that you are unfit. You should contact a lawyer to find out how to prepare for such an investigation.
Answered on Aug 18th, 2012 at 6:23 AM
Criminal Defense Attorney serving Anchorage, AK
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Buchholdt Law Offices
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Yes, and often does.
Answered on Aug 18th, 2012 at 4:33 AM
Tax Attorney serving North Smithfield, RI
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The Law Offices of Mark L. Smith
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Yes such an investigation can bring about a criminal charge.
Answered on Aug 18th, 2012 at 4:28 AM
If they already decided not to file then chances are you're off the hook criminally. But CPS can still take your kid away in a separate civil proceeding.
Answered on Aug 18th, 2012 at 4:26 AM
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If the criminal case was dismissed then I doubt any further criminal charges. However, CPS ca still take away your kids if abuse occurred. You need to hire a CPS attorney to fight for your kids. Or not, if you are abusing them.
Answered on Aug 18th, 2012 at 12:24 AM