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mike3489
May 21, 2013, 04:11 PM
Yesterday my girlfriend was taken to jail and kids were taken because we were help a friend with somewhere to stay away from the controlling home environment she lived in. My girlfriend left to take me to work yesterday morning and the friend baby sat the kids until she got back. Well her mother showed up before my girl made it home and snatched her daughter from the house closed the door and called the police to tell them that 2 toddlers were home alone then left. When my girl pulled up the police officer was here and he called dhs for kids and took her to jail. Neighbors who tried to tell the officer {name removed} what really happened were told to get out of the yard u have nothing to do with this. Now she is in jail with 25000 dollar bond. I had to pay 1000 to bond her out and I'm paying on the other 1500They would not listen neighbors at all because the girls mother left my kids here alone they were taken and my girl in jail. Neighbors a willing to provide witness statements to everything. I also have text messages from the girl stating her guilt and from her family patronizing us about our kids

joypulv
May 21, 2013, 04:17 PM
What state, and how old is the girl taken by her mother? Why didn't she call either one of you, or even the police, to say what was happening? How long was your girlfriend gone? What has she been charged with, and does she have a lawyer or PD?

ScottGem
May 21, 2013, 06:38 PM
Ok, let me get this straight. You allowed a friend to stay at your home (how old is this friend?). This friend's mother came to your home and took your friend (her daughter) away leaving two toddlers alone. The woman then called DHS to report that the children were left alone. Do I have it correct?

Who do you think you have a lawsuit against? Not the police officer. The police officer investigated a complaint found two toddlers home alone and acted properly. It didn't matter what the neighbors said. That is not up to him to judge. That's up to a court.

I'm not sure if have a lawsuit against your friend's mother, but you would have a better chance against her. What I think you should do is swear out a warrant against her for child endangerment. If I understand you, you have the testimony of your friend that she was watching the children and the corroborating testimony of the neighbors that the woman took your friend away leaving the children alone. If you can get a conviction on that, you can then file suit against the woman.

One of the kickers here is the age of your friend. If she is a minor, then your allowing her to stay with you was illegal. And can get you in big trouble.

Another thing I don't understand is the $25K bond. That is awfully high for someone with no record for this type of crime and especially with this situation.

AK lawyer
May 21, 2013, 06:47 PM
... and does she have a lawyer or PD?

A PD is a lawyer.


Ok, let me get this straight. ...

Good job de-cyphering that Scott. I read it several times and wasn't sure what OP was saying. After reading your post, it all fell into place.

mike3489
May 21, 2013, 08:51 PM
She is 18 and my girlfriend asked our daughter were you here alone. She said no she left ma. Anastasci left. The officer disregarded that

mike3489
May 21, 2013, 08:56 PM
What state, and how old is the girl taken by her mother? Why didn't she call either one of you, or even the police, to say what was happening? How long was your gf gone? What has she been charged with, and does she have a lawyer or PD? Mississippi and she is 18. My girl doesn't have a phone and her mother just wanted to be dirty because she thinks we where wrong for assisting her with a place to stay after she left home. She was gone for 2 hours
And she is being charged with child neglect and. Hold endangerment

mike3489
May 21, 2013, 09:01 PM
Ok, let me get this straight. You allowed a friend to stay at your home (how old is this friend?). This friend's mother came to your home and took your friend (her daughter) away leaving two toddlers alone. The woman then called DHS to report that the children were left alone. Do I have it correct?

Who do you think you have a lawsuit against? Not the police officer. The police officer investigated a complaint found two toddlers home alone and acted properly. It didn't matter what the neighbors said. That is not up to him to judge. That's up to a court.

I'm not sure if have a lawsuit against your friend's mother, but you would have a better chance against her. What I think you should do is swear out a warrant against her for child endangerment. If I understand you, you have the testimony of your friend that she was watching the children and the corroborating testimony of the neighbors that the woman took your friend away leaving the children alone. If you can get a conviction on that, you can then file suit against the woman.

One of the kickers here is the age of your friend. If she is a minor, then your allowing her to stay with you was illegal. and can get you in big trouble.

Another thing I don't understand is the $25K bond. That is awfully high for someone with no record for this type of crime and especially with this situation.

She is 18.

mike3489
May 21, 2013, 09:06 PM
Mississippi and she is 18. My girl doesn't have a phone and her mother just wanted to be dirty bc she thinks we where wrong for assisting her with a place to stay after she left home. She was gone for 2 hours
And she is being charged with child neglect and. Hold endangermentand she wasn't working either so this friend had phone. It was off. Her sister disconnected it when she left her home

ScottGem
May 22, 2013, 02:40 AM
She is 18 and my girlfriend asked our daughter were you here alone. She said no she left ma. Anastasci left. The officer disregarded that

You have to try to be clearer in your posts. It is hard to help you if we don't understand what you are saying.

I get the friend was 18, so she is an adult and can make her own decision about where to live. Are you saying that your girlfriend asked her if she was alone before allowing her to stay with you? Who is Anastasci, the friend? And again, the officer only had to see that two toddlers were in the house alone and his actions were proper.

Before you swear out a warrant against the mother you need to make sure you have testimony that she was the one who left the children alone. That your girlfriend had left them with a babysitter.

mike3489
May 22, 2013, 03:02 AM
You have to try to be clearer in your posts. It is hard to help you if we don't understand what you are saying.

I get the friend was 18, so she is an adult and can make her own decision about where to live. Are you saying that your girlfriend asked her if she was alone before allowing her to stay with you? Who is Anastasci, the friend? And again, the officer only had to see that two toddlers were in the house alone and his actions were proper.

Before you swear out a warrant against the mother you need to make sure you have testimony that she was the one who left the children alone. That your girlfriend had left them with a babysitter.
I have testimony in text messages which I've already gotten printed out

mike3489
May 22, 2013, 03:08 AM
You have to try to be clearer in your posts. It is hard to help you if we don't understand what you are saying.

I get the friend was 18, so she is an adult and can make her own decision about where to live. Are you saying that your girlfriend asked her if she was alone before allowing her to stay with you? Who is Anastasci, the friend? And again, the officer only had to see that two toddlers were in the house alone and his actions were proper.

Before you swear out a warrant against the mother you need to make sure you have testimony that she was the one who left the children alone. That your girlfriend had left them with a babysitter.

No she ask our daughter was she home alone. She said no anastasci left. Anastasci is the friend

ScottGem
May 22, 2013, 03:24 AM
No she ask our daughter was she home alone. She said no anastasci left. Anastasci is the friend

Remember we don't know the situation. You have to talk as if you are telling this to someone outside the situation (which you are). And try to use proper punctuation.

Who asked your daughter? Your daughter said Anastasci left? To whom?

As for the texts, print them out and get the senders to sign them. Then go to your local police or prosecutor about the situation.

I'm still wondering why the high bail.

joypulv
May 22, 2013, 04:16 AM
An 18 year old is an adult. A parent can't just 'take' her 18 year old daughter away. I don't see a lawsuit against the mother unless she forced her at gunpoint. The daughter was supposed to stay with the children. The parent is ultimately responsible for the actions of the babysitter.

ScottGem
May 22, 2013, 04:35 AM
Joy has a point. It was Anastasci's responsibility to care for the children. She accepted that responsibility. Therefore, she is the one responsible for endangering the children by leaving them alone. A lot may depend on the level of force used by her mother. On the other hand, the mother's calling the police to report unattended children when she was behind causing them to be unattended, could open her for some level of liability along with Anastasci.

But, I'm not seeing much of a lawsuit here.

mike3489
May 22, 2013, 04:55 AM
Remember we don't know the situation. You have to talk as if you are telling this to someone outside the situation (which you are). And try to use proper punctuation.

Who asked your daughter? Your daughter said Anastasci left? To whom?

As for the texts, print them out and get the senders to sign them. Then go to your local police or prosecutor about the situation.

I'm still wondering why the high bail.anastsci the friend won't sign because she doesn't want to be liable for this. We don't even know where she is. Her family has convinced her to not cooperate with us. I have 4 pages of text messages detailing her action though. She even states her name in the text messages. And I just want file a claim for the 2500 it cost to get my girl out and possibly emotional distress for getting my girl arrested and our kids taken by dhs

mike3489
May 22, 2013, 04:57 AM
Remember we don't know the situation. You have to talk as if you are telling this to someone outside the situation (which you are). And try to use proper punctuation.

Who asked your daughter? Your daughter said Anastasci left? To whom?

As for the texts, print them out and get the senders to sign them. Then go to your local police or prosecutor about the situation.

I'm still wondering why the high bail.

My girlfriend asked my daughter and she stated the answer to the officer.

mike3489
May 22, 2013, 05:02 AM
An 18 year old is an adult. A parent can't just 'take' her 18 year old daughter away. I don't see a lawsuit against the mother unless she forced her at gunpoint. The daughter was supposed to stay with the children. The parent is ultimately responsible for the actions of the babysitter. I understand what you're saying that's what she did. She is afraid of them. I ha e her cell phone with threatening texts from her( anastasci) sister saying how she was going to whoop her when she caught her. This was clearly a setup

joypulv
May 22, 2013, 05:17 AM
Yes, a set up in a sense. That won't help a lot in court unless you pay a really good lawyer - and I mean for her defense. You need to be worrying about defense first, not suing anybody!

And to AKlawyer, yes, of course a PD is a lawyer. I suppose I should say private lawyer to distinguish.

mike3489
May 22, 2013, 05:36 AM
Yes, a set up in a sense. That won't help a lot in court unless you pay a really good lawyer - and I mean for her defense. You need to be worrying about defense first, not suing anybody!

And to AKlawyer, yes, of course a PD is a lawyer. I suppose I should say private lawyer to distinguish.

Dhs decide this case and they are Willing to accept my evidence. Do t I the right to present my alibi to the court and it be investigated

Fr_Chuck
May 22, 2013, 05:48 AM
The "friend" is the one you can sue, for leaving children alone, her mother can not "make" her do anything, since she is a adult.

For the DHS, it appears you left children with someone who is not responsible, and will need to work with DHS on this. But you will need a good defense, (not alibi) you will need to prove your provided someone to watch, and prove what happened.

As long as the girl watching was 18, not younger, most of this falls on her, but then if you knew she had any issues, they may also blame you

mike3489
May 22, 2013, 06:23 AM
The "friend" is the one you can sue, for leaving children alone, her mother can not "make" her do anything, since she is a adult.

For the DHS, it appears you left children with someone who is not responisble, and will need to work with DHS on this. But you will need a good defense, (not alibi) you will need to prove your provided someone to watch, and prove what happened.

As long as the girl watching was 18, not younger, most of this falls on her, but then if you knew she had any issues, they may also blame you

Seems like yal are giving me the downside. I have more evidence going for me than against me. Could someone pleas tell me what's good and will work out for me in this case

mike3489
May 22, 2013, 06:29 AM
An 18 year old is an adult. A parent can't just 'take' her 18 year old daughter away. I don't see a lawsuit against the mother unless she forced her at gunpoint. The daughter was supposed to stay with the children. The parent is ultimately responsible for the actions of the babysitter. that just sounds crazy. How she be resonsible if she agreed to babysit them left without us knowing.

ScottGem
May 22, 2013, 06:31 AM
First, if DHS is deciding the case, why were criminal charges filed? Second, what is the status of the criminal case? Has your girlfriend's lawyer talked to the prosecutor about getting the charges dismissed? Third, if you need to recover what you put up for the bail, then Anastsci is your target.


that just sounds crazy. How she be resonsible if she agreed to babysit them left without us knowing.

No its not crazy. She was given responsibility for the children and she left them alone. You may be able to get the mother included in a suit, but you need to contact a lawyer about that.

mike3489
May 22, 2013, 06:31 AM
Seems like yal are giving me the downside. I have more evidence going for me than against me. Could someone pleas tell me what's good and will work out for me in this case

And I can prove what happened from her text messaged and neighbors witness testimony

Handyman2007
May 22, 2013, 06:43 AM
Maybe I should not respond to this but, 1. The mother that took her daughter and left the two minors alone is the one responsible for child endangerment. The 18 year old is an adult. She too is responsible. She was 18. She had the responsibility to care for the children while you were gone. The mother obviously is extremely immature and lacks any sense of responsibility for her actions. All I see here are some really bad decisions by a lot of people. The courts will sort it out. Everyone in this situation needs to stop blaming each other for whatever and look at the real problem... lack of maturity and sense of responsibility towards those kids.

mike3489
May 22, 2013, 06:43 AM
First, if DHS is deciding the case, why were criminal charges filed? Second, what is the status of the criminal case? Has your girlfriend's lawyer talked to the prosecutor about getting the charges dismissed? Third, if you need to recover what you put up for the bail, then Anastsci is your target.



No its not crazy. She was given responsibility for the children and she left them alone. You may be able to get the mother included in a suit, but you need to contact a lawyer about that.
If dhs says she is not guilty then how can the state convict her. And dhs can't sentence you to jail so therefore the court has to. They coincide together on a case like this

mike3489
May 22, 2013, 06:50 AM
Maybe I should not respond to this but, 1. The mother that took her daughter and left the two minors alone is the one responsible for child endangerment. The 18 year old is an adult. She too is responsible. She was 18. She had the responsibility to care for the children while you were gone. The mother obviously is extremely immature and lacks any sense of responsibility for her actions. All I see here are some really bad decisions by a lot of people. The courts will sort it out. Everyone in this situation needs to stop blaming each other for whatever and look at the real problem....lack of maturity and sense of responsibility towards those kids.

Do you're telling me that by us asking this other adult who lives with is to watch the children while we took care of a few errands then dropping off that we were imature and irresponsible. Like no-one ever needs a babysitter.

mike3489
May 22, 2013, 06:54 AM
Do you're telling me that by us asking this other adult who lives with is to watch the children while we took care of a few errands then dropping off that we were imature and irresponsible. Like no-one ever needs a babysitter.

You're right. You shouldn't have commented with that ignorant statement. And you probably don't have kids. I can tell you don't understand the purpose of a babysitter

joypulv
May 22, 2013, 07:07 AM
WOW, talk about biting the hands of people trying to help (believe it or not). Helping often means finding the facts as well as pointing out that you should be more interested in a good defense before you start suing. And Handyman means the mother of the babysitter, not your girlfriend!!
The parent was the first one deemed responsible here because the police can't go by neighbors (for all they know, the neighbors were supposed to be watching the kids). The babysitter and her mother can be deemed to be responsible in court, not when the police arrive on the scene, and you don't know yet who is/are going to be held responsible ultimately. A lot will depend on how good your lawyer is and how good you are with facts told to your lawyer. Taking you to work is now doing errands too. Fine with me - not judging that at all! This isn't about any of us. This is about you getting your defense worked out.

ScottGem
May 22, 2013, 07:22 AM
While I disagree with handyman's response, your reaction was uncalled for.

I don't know how much you knew about Anastsci. So I can't judge whether it was irresponsible to leave your children in her care. But an 18 yr old should be responsible enough to babysit. That she proved irresponsible, may or may not be the fault of you and your girlfriend. But it is certainly something that DHS and the court will look at.

However, if DHS drops the case and decides you and she were not at fault. Then your girlfriend's lawyer asks the prosecutor to drop the case and that's what probably will happen.

But the focus here is with Anastsci. She was entrusted with caring for the children. That meant she was responsible for leaving them alone. And she is liable for any damages as a result.

ScottGem
May 22, 2013, 07:25 AM
Maybe I should not respond to this but, 1. The mother that took her daughter and left the two minors alone is the one responsible for child endangerment. The 18 year old is an adult. She too is responsible. She was 18. She had the responsibility to care for the children while you were gone. The mother obviously is extremely immature and lacks any sense of responsibility for her actions. All I see here are some really bad decisions by a lot of people. The courts will sort it out. Everyone in this situation needs to stop blaming each other for whatever and look at the real problem....lack of maturity and sense of responsibility towards those kids.

The 18 yr old was entrusted with the care of the children. So she bears the brunt of the responsibility for leaving them alone. Her mother may share in that responsibility if she forced the girl into leaving them alone. The parents would only be responsible, if they knew that the babysitter was not responsible enough to care for the children.

mike3489
May 22, 2013, 08:09 AM
While I disagree with handyman's response, your reaction was uncalled for.

I don't know how much you knew about Anastsci. So I can't judge whether it was irresponsible to leave your children in her care. But an 18 yr old should be responsible enough to babysit. That she proved irresponsible, may or may not be the fault of you and your girlfriend. But it is certainly something that DHS and the court will look at.

However, if DHS drops the case and decides you and she were not at fault. Then your girlfriend's lawyer asks the prosecutor to drop the case and that's what probably will happen.

But the focus here is with Anastsci. She was entrusted with caring for the children. That meant she was responsible for leaving them alone. And she is liable for any damages as a result.
Thank you Scott finally I get some encouragement

mike3489
May 22, 2013, 08:22 AM
Well now the mother is telling authorities that we had her daughter prostituting who h is a lie. Can this be used against solely on their word without any proof.

joypulv
May 22, 2013, 08:32 AM
Nothing can be used in court without proof.
Character assassinations, however, serve to distract you and wear you down.
On the other hand, they can work in your favor if the court begins to realize that they are out of hand.
(One danger is you not knowing what the 18 year old was doing that you don't know about.)

I still wish we knew why she left with her mother.

ScottGem
May 22, 2013, 08:45 AM
Well now the mother is telling authorities that we had her daughter prostituting who h is a lie. Can this be used against solely on their word without any proof.

This is interesting. What authorities is she telling this to? Did she volunteer to go to the authorities or was she interviewed by the police or DHS as part of the investigation.

This is also a dangerous accusation. If the daughter corroborates the charge, it could cause problems for you. On the other hand, without any corroborating proof, this will work for you by calling this woman's veracity into question.

And I still wish we knew why bail was so high.

mike3489
May 22, 2013, 08:59 AM
Nothing can be used in court without proof.
Character assassinations, however, serve to distract you and wear you down.
On the other hand, they can work in your favor if the court begins to realize that they are out of hand.
(One danger is you not knowing what the 18 year old was doing that you don't know about.)

I still wish we knew why she left with her mother.

Well basically she never went any where alone. She with my girl all the time the whole time she was there. They were always over to her grandmother's in which multiple people can verify

mike3489
May 22, 2013, 09:02 AM
This is interesting. What authorities is she telling this to? Did she volunteer to go to the authorities or was she interviewed by the police or DHS as part of the investigation.

This is also a dangerous accusation. If the daughter corroborates the charge, it could cause problems for you. On the other hand, without any corroborating proof, this will work for you by calling this woman's veracity into question.

And I still wish we knew why bail was so high.
They volunteered and called dhs on their own. No one interviewed them. There also texts that I have where she states my girl is a who're and she prostitutes and she doesn't do that her ex gives her money

Handyman2007
May 22, 2013, 09:06 AM
Just my humble opinion but what I see here are a bunch of immature, almost adults that nothing better to do than create drama in their lives instead of looking at the simple problem that children are not being brought up in a decent environment. You all need to stop throwing daggers at each other and just think about the kids. Calling each other names only gives the court more reason to consider custody jurisdiction to the State and away from ALL of you.

mike3489
May 22, 2013, 09:12 AM
Just my humble opinion but what I see here are a bunch of immature, almost adults that nothing better to do than create drama in their lives instead of looking at the simple problem that children are not being brought up in a decent environment. You all need to stop throwing daggers at each other and just think about the kids. Calling each other names only gives the court more reason to consider custody jurisdiction to the State and away from ALL of you.

Listen handyman to only way to get my kids back is to pro r my girl didn't leave them home alone. Without proof of that we ha e no fight. So therefore I did what I had to do to get her to admit to it in text messages. Now what do u suggest. Tell me how to get them back without stating and show the truth and no lies to these authorities

mike3489
May 22, 2013, 09:17 AM
This is the text she sent me contradicting her current accusation that we had her prostituting.
Please I don't do to get with her that text me and said she want me bk I didn't want her and I don't need to do for no money I get money without ing Im not Franchesca and musty nigga I stay clean d

ScottGem
May 22, 2013, 09:39 AM
this is the text she sent me contradicting her current accusation that we had her prostituting.
please I dnt do to get with her that txt me and said she want me bk I didnt want her and I dnt need to do for no money I get money without ing Im not Franchesca and musty nigga I stay clean d

Frankly, I haven't a clue what that says. But there is no point in showing it to us.

Your primary focus should be convincing DHS that you had left the children in the care of someone you expected to stay and watch them until one of you returned.
Nothing else matters at this point.

joypulv
May 22, 2013, 10:09 AM
Mike, one of the problems with writing online is that we aren't there and know none of the background. Your replies are very hard to understand in regard to not only who you are talking about but also what you are saying, what the facts are. You haven't answered some key questions. ScottGem keeps asking about the high bail, possibly wondering if your girlfriend has been up on charges before? If not, please say so! If true, and you don't want to talk about it here, then we are shooting in the dark trying to give advice.

This story was complicated from the beginning and is getting more so. You need good legal help, in person! Please keep that your first priority.

mike3489
May 22, 2013, 11:15 AM
Mike, one of the problems with writing online is that we aren't there and know none of the background. Your replies are very hard to understand in regard to not only who you are talking about but also what you are saying, what the facts are. You haven't answered some key questions. ScottGem keeps asking about the high bail, possibly wondering if your girlfriend has been up on charges before? If not, please say so! If true, and you don't want to talk about it here, then we are shooting in the dark trying to give advice.

This story was complicated from the beginning and is getting more so. You need good legal help, in person! Please keep that your first priority.

I'm just frustrated because I have no money for a lawyer. I used all o could get to bond her out. And no she has me er had these charges or any kind of charges. I don't want to lose my kids that is y I am seeking advice to help in our own defense. Public defenders are no good in Mississippi. They work with the prosecutor. I just feel as if justice is what it seems. You're supposed to be innocent until proven guilty but really you're guilty until proven innocent.

ScottGem
May 22, 2013, 11:26 AM
I don't agree with that. Was she represented at the arraignment (she had to be at least by a PD). Did you ask the PD why was bail set so high and why didn't he fight it?

But again, I would be pushing DHS to make a ruling. Where are the children now?

joypulv
May 22, 2013, 11:28 AM
PDs aren't so great anywhere, at least where they are overloaded with cases, which is just about everywhere.
And they aren't supposed to 'work with' the DA's office but everyone knows that happens too.
You have to grit your teeth, stay polite, stay calm, and document everything that happens.

I don't know how close you are to a city where there is any legal aid, but try. And most big law firms have allotted time for pro bono work.

And who is Francesca? Has she given your 18 year old a bad name by association? (I'm really reluctant to even ask.)

Handyman2007
May 22, 2013, 11:28 AM
Any judge will REQUIRE that you get a lawyer. A PD is better than no lawyer. They MUST act on your behalf. They know the law, you do not.

JudyKayTee
May 22, 2013, 11:37 AM
The number one concern of the legal system is and should be the safety of your children. I agree that your rights shouldn't be trampled on in the process - but that is exactly what the Court will tell you.

Otherwise I am having trouble following what you wrote and am totally confused by the "musty nigga" comment - that must be a Southern thing - maybe? Are you white or African American?

How old was the babysitter? If she is underage did her parents approve of her living with you? Is that the issue? Was she able to babysit your children, competent to do so?

Child endangerment is a very serious charge. The Police and Court are taking the charges very seriously. Did the babysitter call the Police when the mother arrived and snatched the child? Did she let the mother in?

I don't agree with your assessment of assigned counsel, by the way. As good as private? Not always. Somehow on the take or in cohoots? I don't believe that is true of every one. The Public Defenders of Mississippi were instrumental in changing the law on privately run jails and prisons and have been at the forefront of some other anti-discrimination and laws concerning the treatment of prisoners. I would not carry your attitude in the PD's office - or you will lose.

ScottGem
May 22, 2013, 11:46 AM
How old was the babysitter? If she is underage did her parents approve of her living with you? Is that the issue? Was she able to babysit your children, competent to do so?

Child endangerment is a very serious charge. The Police and Court are taking the charges very seriously. Did the babysitter call the Police when the mother arrived and snatched the child? Did she let the mother in?



The way I understand the babysitter is 18 and was trying get away from a controlling home so was given shelter by the OP and his girlfriend. The girl was asked to watch the children while the OP's girlfriend went out. The babysitter's mother came and somehow forced her daughter to leave the children alone. Then the mother called the police reporting the children were left alone. The police came and had DHS take the children. While this was happening the girlfriend can home and was arrested and charged with abandonment.

JudyKayTee
May 22, 2013, 11:57 AM
That's more or less what I understood but I had hoped to have it posted all on one thread.

Handyman2007
May 22, 2013, 01:44 PM
Wow. That was so much better. Thanks! I don't see a lawsuit against anyone here. It's a case where the 18 year old left the kids that she was supposed to be watching and that girl's vindictive mother reported that the children were left alone. But what she probably did not tell the authorities is that it was HER ACTIONS that caused the children to be alone. The 18 year old was completely responsible for those children. If anyone gets shot down it should be the mother that inflamed the situation. All of the other name calling is a waste of everyone's time.

mike3489
May 22, 2013, 03:44 PM
The number one concern of the legal system is and should be the safety of your children. I agree that your rights shouldn't be trampled on in the process - but that is exactly what the Court will tell you.

Otherwise I am having trouble following what you wrote and am totally confused by the "musty nigga" comment - that must be a Southern thing - maybe? Are you white or African American?

How old was the babysitter? If she is underage did her parents approve of her living with you? Is that the issue? Was she able to babysit your children, competent to do so?

Child endangerment is a very serious charge. The Police and Court are taking the charges very seriously. Did the babysitter call the Police when the mother arrived and snatched the child? Did she let the mother in?

I don't agree with your assessment of assigned counsel, by the way. As good as private? Not always. Somehow on the take or in cohoots? I don't believe that is true of each and every one. The Public Defenders of Mississippi were instrumental in changing the law on privately run jails and prisons and have been at the forefront of some other anti-discrimination and laws concerning the treatment of prisoners. I would not carry your attitude in the PD's office - or you will lose.
Have been to prison. I have and they treat you like in Mississippi. A public defender told me to waive my rights at my preliminary hearing bound over to the grand jury to get a cheaper bond with explaining the consequences to me. I don't trust them. Yashu'a the sun of god will make a way for us
The girl was 18 and she let her in yes

mike3489
May 22, 2013, 03:48 PM
PDs aren't so great anywhere, at least where they are overloaded with cases, which is just about everywhere.
And they aren't supposed to 'work with' the DA's office but everyone knows that happens too.
You have to grit your teeth, stay polite, stay calm, and document everything that happens.

I don't know how close you are to a city where there is any legal aid, but try. And most big law firms have allotted time for pro bono work.

And who is Francesca? Has she given your 18 year old a bad name by association? (I'm really reluctant to even ask.)
Francheca is my girl.

mike3489
May 22, 2013, 03:54 PM
Wow. That was so much better. Thanks!! I don't see a lawsuit against anyone here. It's a case where the 18 year old left the kids that she was supposed to be watching and that girl's vindictive mother reported that the children were left alone. But what she probably did not tell the authorities is that it was HER ACTIONS that caused the children to be alone. The 18 year old was completely responsible for those children. If anyone gets shot down it should be the mother that inflamed the situation. All of the other name calling is a waste of everyone's time. so I'm not at least owed my bail money for the trouble we're going through because of their actions

Handyman2007
May 22, 2013, 03:56 PM
Usually bail money is returned at the end of what legal action takes place. When anything in court is settled, then bail will be returned .

ScottGem
May 22, 2013, 04:00 PM
Usually bail money is returned at the end of what legal action takes place. When anything in court is settled, then bail will be returned .

The way I understand it, the court sets bail. Unless the person can come up with the cash themselves, they usually go to a bail bondsman who puts up the bail for a 10% bond. As long as the accused shows up for court, the bail is returned, but the bond paid to the bondsman is their fee.

joypulv
May 22, 2013, 04:11 PM
Francheca is my girl.

So your 18 year old accused your girlfriend of prostitution in that text, saying she would never do that for money herself.. and you want to use that as proof of not prostituting herself??
(Plus, it doesn't prove anything about either one of them.)

Alty
May 22, 2013, 04:35 PM
Silly question, legal experts feel free to shoot me down for this, I'm just wondering here. Why was the mother of the children arrested, and not the father (the OP) if this is a case of child endangerment? Aren't both parents held accountable?

ScottGem
May 22, 2013, 05:06 PM
Silly question, legal experts feel free to shoot me down for this, I'm just wondering here. Why was the mother of the children arrested, and not the father (the OP) if this is a case of child endangerment? Aren't both parents held accountable?

Because the mother had the misfortune of coming home while the police officer was there. Also there is the erroneous assumption that the mother was the primary caregiver.

ScottGem
May 22, 2013, 05:08 PM
So your 18 year old accused your girlfriend of prostitution in that text, saying she would never do that for money herself.. and you want to use that as proof of not prostituting herself?????
(Plus, it doesn't prove anything about either one of them.)

I think it was the 18 yr old's mother who made the prostitution accusation. Frankly I couldn't follow any of that text.

Alty
May 22, 2013, 05:11 PM
Because the mother had the misfortune of coming home while the police officer was there. Also there is the erroneous assumption that the mother was the primary caregiver.

That's sad. The OP said they were out together running errands. Not in his original post, in another (if I read his post right).

I too wonder why the bail was set so high. But I also wonder why only one of the parents was charged. Doesn't make a lot of sense to me. If there are two parents, both of them decided to leave this 18 year old in charge, why is the mother of the children the only one charged?

I'm not a legal expert, not by any means, but I really feel like we're not getting the whole story, either that, or we are getting it but can't decode it because of the poorly written posts.

ScottGem
May 22, 2013, 05:43 PM
we are getting it but can't decode it because of the poorly written posts.

Yes, the poorly written posts are hard to decode. I didn't get that they were out together and returned together.

JudyKayTee
May 22, 2013, 06:53 PM
I suspect we are not getting the entire truth.

mike3489
May 22, 2013, 08:20 PM
Wow. That was so much better. Thanks!! I don't see a lawsuit against anyone here. It's a case where the 18 year old left the kids that she was supposed to be watching and that girl's vindictive mother reported that the children were left alone. But what she probably did not tell the authorities is that it was HER ACTIONS that caused the children to be alone. The 18 year old was completely responsible for those children. If anyone gets shot down it should be the mother that inflamed the situation. All of the other name calling is a waste of everyone's time. so I'm not at least owed my bail money for the trouble we're going through because of their
This is what happened. The girl came to live with us because she said her family was trying to control her so therefore we allowed to come into home because we wanted to help with the situation. A few days later her sisters came to our home with a police officer and told police officer that we were holding her hostage and that we wouldn't let her leave. They also told police officer that she was mentally retarded she gets to check and did we were prostituting her and had her on all types of drugs which we didn't. The police officer talked to her privately about these accusations and she completely denied them all but now the mother saying that we had her prostituting for us in which we didn't. Now this is the current situation I had to go to work my girlfriend was going to drop me off so we left her there with children. She told her we're about to leave so I could get dropped off at work and I'll be back. She said okay. I had to go pay my car note I had to pick my cousin up so he can get my lawnmower and cut his uncle's grass. After that she drop me off at work at around 10 o'clock then she went back home. My girlfriend went back home the police were waiting there with the kids. The officer asks why were these kids alone. My girl replies someone was here with them. At this time she went through the house looking for the girl and she couldn't find her so she came back and asked my daughter jayzeuna were you here alone she then stated she left ma, anastasci gone. Police of Texas zoo beaches a student and from this one own the girl is texting me telling me she doesn't give a . Yea she left them to be with her family and they not her kids. She also says she is not straightening any thing out as if she informed us that she was leaving. Now that I have typed everything clearly can I get some good advice please. Sorry for the typos before but I am using a mobile device

mike3489
May 22, 2013, 08:42 PM
so I'm not atleast owed my bail money for the trouble we're going thru because of their
This is what happened. the girl came to live with us because she said her family was tryin to control her so therefore we allowed to come into home because we wanted to help with the situation. A few days later her sisters came to our home with a police officer and told police officer that we were holding her hostage and that we wouldnt let her leave. They also told police officer that she was mentally retarded she gets to check and did we were prostituting her and had her on all types of drugs which we didnt. the police officer talked to her privately about these accusations and she completely denied them all but now the mother saying that we had her prostituting for us in which we didn't. now this is the current situation I had to go to work my girlfriend was going to drop me off so we left her there with children. she told her we're about to leave so I could get dropped off at work and I'll be back. She said okay. I had to go pay my car note I had to pick my cousin up so he can get my lawnmower and cut his uncle's grass. After that she drop me off at work at around 10 o'clock then she went back home. my girlfriend went back home the police were waiting there with the kids. The officer asks why were these kids alone. My girl replies someone was here with them. At this time she went through the house looking for the girl and she couldn't find her so she came back and asked my daughter jayzeuna were you here alone she then stated she left ma, anastasci gone. police of Texas zoo beaches a student and from this one own the girl is texting me telling me she doesn't give a . Yea she left them to be with her family and they not her kids. She also says she is not straightening any thing out as if she informed us that she was leaving. Now that I have typed everything clearly can I get some good advice please. Sorry for the typos before but I am using a mobile device

Disregard the txas zoo stuff. It's a typo

J_9
May 22, 2013, 09:22 PM
police of Texas zoo beaches a student and from this one own the girl is texting me telling me she doesn't give a .

Please re-read that and tell us if it makes any sense at all. I'm starting to believe there is WAY more to this story.

mike3489
May 22, 2013, 09:44 PM
Please re-read that and tell us if it makes any sense at all. I'm starting to believe there is WAY more to this story.

Ok well I see I'm getting nowhere. I'm done

ScottGem
May 23, 2013, 03:19 AM
Well that is more understandable than previous notes though its not completely clear. And you have gotten good advice up to this point.

Do you have a copy of the police report from the previous incident? If not you need to get a copy. It will help with any investigation.


so I'm not at least owed my bail money for the trouble we're going through because of their

You may be. If the girl left your children alone caused your girlfriend to be arrested then a court could hold her liable for what you went through. And her mother could be held liable as well for being the direct cause. But its not a slam dunk. You would need to consult an attorney who can judge from all the facts.

But I say, yet again, this should not be your primary focus right now. If you do file suit, it may be a couple of years before the case is resolved. And even if you win there is no guarantee you will be able to collect anything. Doesn't sound like these people have a lot of money or assets you can attach.

So you need to concentrate on getting your children back and getting the case against your girlfriend dismissed. Once that is all cleared up, then you can talk to attorneys about suing them.

JudyKayTee
May 23, 2013, 05:11 AM
I think I may have mentioned that my spidey senses were tingling - yes, there was more to the story, and none of it terribly good.

J_9
May 23, 2013, 06:31 AM
Judy's spidey senses are almost always right. As far as more to the story, I am left wondering if there are drugs involved as well.

JudyKayTee
May 23, 2013, 10:12 AM
And when all is said and done it sounds like they were alone because someone left them so she could be with her family because these are "not her kids."

I also think the Police have had their eyes on this situation ("A few days later her sisters came to our home with a police officer and told police officer that we were holding her hostage and that we wouldnt let her leave. They also told police officer that she was mentally retarded she gets to check and did we were prostituting her and had her on all types of drugs which we didnt. the police officer talked to her privately about these accusations and she completely denied them all but now the mother saying that we had her prostituting for us in which we didn't. now this is the current situation") because the babysitter who left gets some sort of benefits for some sort of problem.

And this is the babysitter chosen by the OP.

mike3489
May 23, 2013, 10:38 AM
And when all is said and done it sounds like they were alone because someone left them so she could be with her family because these are "not her kids."

I also think the Police have had their eyes on this situation ("A few days later her sisters came to our home with a police officer and told police officer that we were holding her hostage and that we wouldnt let her leave. They also told police officer that she was mentally retarded she gets to check and did we were prostituting her and had her on all types of drugs which we didnt. the police officer talked to her privately about these accusations and she completely denied them all but now the mother saying that we had her prostituting for us in which we didn't. now this is the current situation") due to the fact that the babysitter who left gets some sort of benefits for some sort of problem.

And this is the babysitter chosen by the OP.

She has a LD. She's in exceptional ed that's all. They have cleared up the case with kids now and are done with the investigation. How now do we proceed with pitting charges on the guilty party

JudyKayTee
May 23, 2013, 11:06 AM
Who do you think is guilty and what do you think that person/those people are guilty of?

Weren't the children left alone? It appears that someone's daughter (yours, hers) said that they were: "my girlfriend went back home the police were waiting there with the kids. The officer asks why were these kids alone. My girl replies someone was here with them. At this time she went through the house looking for the girl and she couldn't find her so she came back and asked my daughter jayzeuna were you here alone she then stated she left ma, anastasci gone...

Please don't ask new questions asking for legal advice when I don't think you answered a single question I asked you.

ScottGem
May 23, 2013, 01:40 PM
She has a LD. She's in exceptional ed that's all. They have cleared up the case with kids now and are done with the investigation. How now do we proceed with pitting charges on the guilty party

So DHS has cleared your girlfriend and returned the children to you? So your next step is to have her attorney request that the criminal charged be dropped and bail released. Once that happens, you can see if you will get any part of the bail money returned.

Then you talk to your local prosecutor and see if they are willing to prosecute the babysitter (and possibly her mother) for leaving your children without adult supervision. At the same time talk to an attorney about whether you have a viable lawsuit against the babysitter and her mother.

mike3489
May 23, 2013, 04:06 PM
So DHS has cleared your girlfriend and returned the children to you? So your next step is to have her attorney request that the criminal charged be dropped and bail releaseId. Once that happens, you can see if you will get any part of the bail money returned.

Then you talk to your local prosecutor and see if they are willing to prosecute the babysitter (and possibly her mother) for leaving your children without adult supervision. At the same time talk to an attorney about whether you have a viable lawsuit against the babysitter and her mother.

Ok thank you scott

ScottGem
May 23, 2013, 04:08 PM
Ok thank you scott

Good luck and keep us posted as to what happens.