---------- Forwarded message ----------
From: Sheila Shaw <sdynastysheila@gmail.com>
Date: Mon, Jun 30, 2014 at 5:56 PM
Subject: organized/white collar crime complaint/false child abuse/kidnapping allegations/ABA/case prejudice - weblink
To: exec@aka1908.com
http://www.americanbar.org/
Using criminal charges to your advantage. It is unethical under the ABA Model Rules of Professional Conduct to use or threaten to use criminal charges to gain an advantage in a civil proceeding. But, if criminal charges are reasonable and not brought for the sole purpose of gaining an advantage in a civil case, they can be useful in your family law case.
When domestic violence or child abuse charges are pending, courts often have standing to issue restraining and no-contact orders. Get a copy of the court’s standard bond restrictions and obligations and any additional, special conditions from the court clerk’s office.
Use information and materials from the criminal case to further your civil matter goals. Always get a copy of the booking photo. Use these photos to show the court or jury another side of the defendant. Get copies of 911 telephone calls. Check the criminal courts’ file for copies of arrest warrants, affidavits, police reports, or discovery pleadings. Also look for preliminary hearing tapes, transcripts from bond hearings, suppression hearings, or guilty pleas.
Child protective service matters can be another great source of discovery and information. Get copies of the social worker’s file, including all reports and statements of the opposing party. Ask for copies of these or subpoena records to court. Get copies of medical records or hospital reports documenting possible abuse.
When your client is accused of criminal wrongdoing. It is increasingly common for a party in civil divorce matters to make allegations that the other party has committed a crime of some type, whether domestic violence, child physical abuse, or child sexual abuse. If your client is accused of child physical or sexual abuse, put the domestic case on hold. These types of allegations are very serious, and a conviction will permanently affect your client.
The number-one rule: Do not allow your client to speak with anyone regarding any allegations until you do your research. And, yes, these instructions apply to the innocent client as well as the guilty. It is important to determine what possible charges your client could face if allegations were to be proved. Go straight to the code. Depending on the age of the child, simple neglectful or reckless acts might constitute the most serious of felonies. When reviewing criminal law, another good resource is the state (or federal) pattern jury instructions. These instructions boil down complicated statutes into simple, direct outlines of what constitutes a crime.
When advising your client not to speak directly with the police or investigators, remember these points. The law allows a citizen to exercise the Fifth Amendment right to remain silent if one of the possible answers to a question would implicate the citizen in a crime. The right to remain silent does not require a person to be guilty of the crime. Never allow your client to be alone with investigators from Child Protective Services (CPS) or law enforcement.
Always ask as many people as possible about facts surrounding the accusations. When speaking with police, begin the conversation by saying, “I cannot correctly advise my client about what to do if I do not understand the accusations and the facts that support them.” Law enforcement, family members, and opposing attorneys will be more than happy to explain what the suspect has (allegedly) done.
--
Dr. Sheila Jocelyn Shaw
From: Sheila Shaw <sdynastysheila@gmail.com>
Date: Mon, Jun 30, 2014 at 5:56 PM
Subject: organized/white collar crime complaint/false child abuse/kidnapping allegations/ABA/case prejudice - weblink
To: exec@aka1908.com
http://www.americanbar.org/
Using criminal charges to your advantage. It is unethical under the ABA Model Rules of Professional Conduct to use or threaten to use criminal charges to gain an advantage in a civil proceeding. But, if criminal charges are reasonable and not brought for the sole purpose of gaining an advantage in a civil case, they can be useful in your family law case.
When domestic violence or child abuse charges are pending, courts often have standing to issue restraining and no-contact orders. Get a copy of the court’s standard bond restrictions and obligations and any additional, special conditions from the court clerk’s office.
Use information and materials from the criminal case to further your civil matter goals. Always get a copy of the booking photo. Use these photos to show the court or jury another side of the defendant. Get copies of 911 telephone calls. Check the criminal courts’ file for copies of arrest warrants, affidavits, police reports, or discovery pleadings. Also look for preliminary hearing tapes, transcripts from bond hearings, suppression hearings, or guilty pleas.
Child protective service matters can be another great source of discovery and information. Get copies of the social worker’s file, including all reports and statements of the opposing party. Ask for copies of these or subpoena records to court. Get copies of medical records or hospital reports documenting possible abuse.
When your client is accused of criminal wrongdoing. It is increasingly common for a party in civil divorce matters to make allegations that the other party has committed a crime of some type, whether domestic violence, child physical abuse, or child sexual abuse. If your client is accused of child physical or sexual abuse, put the domestic case on hold. These types of allegations are very serious, and a conviction will permanently affect your client.
The number-one rule: Do not allow your client to speak with anyone regarding any allegations until you do your research. And, yes, these instructions apply to the innocent client as well as the guilty. It is important to determine what possible charges your client could face if allegations were to be proved. Go straight to the code. Depending on the age of the child, simple neglectful or reckless acts might constitute the most serious of felonies. When reviewing criminal law, another good resource is the state (or federal) pattern jury instructions. These instructions boil down complicated statutes into simple, direct outlines of what constitutes a crime.
When advising your client not to speak directly with the police or investigators, remember these points. The law allows a citizen to exercise the Fifth Amendment right to remain silent if one of the possible answers to a question would implicate the citizen in a crime. The right to remain silent does not require a person to be guilty of the crime. Never allow your client to be alone with investigators from Child Protective Services (CPS) or law enforcement.
Always ask as many people as possible about facts surrounding the accusations. When speaking with police, begin the conversation by saying, “I cannot correctly advise my client about what to do if I do not understand the accusations and the facts that support them.” Law enforcement, family members, and opposing attorneys will be more than happy to explain what the suspect has (allegedly) done.
--
Dr. Sheila Jocelyn Shaw
--
Dr. Sheila Jocelyn Shaw
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