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  • May 22, 2013, 09:39 AM
    ScottGem
    Quote:

    Originally Posted by mike3489 View Post
    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.
  • May 22, 2013, 10:09 AM
    joypulv
    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.
  • May 22, 2013, 11:15 AM
    mike3489
    Quote:

    Originally Posted by joypulv View Post
    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.
  • May 22, 2013, 11:26 AM
    ScottGem
    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?
  • May 22, 2013, 11:28 AM
    joypulv
    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.)
  • May 22, 2013, 11:28 AM
    Handyman2007
    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.
  • May 22, 2013, 11:37 AM
    JudyKayTee
    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.
  • May 22, 2013, 11:46 AM
    ScottGem
    Quote:

    Originally Posted by JudyKayTee View Post

    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.
  • May 22, 2013, 11:57 AM
    JudyKayTee
    That's more or less what I understood but I had hoped to have it posted all on one thread.
  • May 22, 2013, 01:44 PM
    Handyman2007
    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.
  • May 22, 2013, 03:44 PM
    mike3489
    Quote:

    Originally Posted by JudyKayTee View Post
    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
  • May 22, 2013, 03:48 PM
    mike3489
    Quote:

    Originally Posted by joypulv View Post
    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.
  • May 22, 2013, 03:54 PM
    mike3489
    Quote:

    Originally Posted by Handyman2007 View Post
    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
  • May 22, 2013, 03:56 PM
    Handyman2007
    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 .
  • May 22, 2013, 04:00 PM
    ScottGem
    Quote:

    Originally Posted by Handyman2007 View Post
    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.
  • May 22, 2013, 04:11 PM
    joypulv
    Quote:

    Originally Posted by mike3489 View Post
    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.)
  • May 22, 2013, 04:35 PM
    Alty
    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?
  • May 22, 2013, 05:06 PM
    ScottGem
    Quote:

    Originally Posted by Alty View Post
    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.
  • May 22, 2013, 05:08 PM
    ScottGem
    Quote:

    Originally Posted by joypulv View Post
    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.
  • May 22, 2013, 05:11 PM
    Alty
    Quote:

    Originally Posted by ScottGem View Post
    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.
  • May 22, 2013, 05:43 PM
    ScottGem
    Quote:

    Originally Posted by Alty View Post
    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.
  • May 22, 2013, 06:53 PM
    JudyKayTee
    I suspect we are not getting the entire truth.
  • May 22, 2013, 08:20 PM
    mike3489
    Quote:

    Originally Posted by Handyman2007 View Post
    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
  • May 22, 2013, 08:42 PM
    mike3489
    Quote:

    Originally Posted by mike3489 View Post
    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
  • May 22, 2013, 09:22 PM
    J_9
    Quote:

    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.
  • May 22, 2013, 09:44 PM
    mike3489
    Quote:

    Originally Posted by J_9 View Post
    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
  • May 23, 2013, 03:19 AM
    ScottGem
    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.

    Quote:

    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.
  • May 23, 2013, 05:11 AM
    JudyKayTee
    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.
  • May 23, 2013, 06:31 AM
    J_9
    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.
  • May 23, 2013, 10:12 AM
    JudyKayTee
    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.
  • May 23, 2013, 10:38 AM
    mike3489
    Quote:

    Originally Posted by JudyKayTee View Post
    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
  • May 23, 2013, 11:06 AM
    JudyKayTee
    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.
  • May 23, 2013, 01:40 PM
    ScottGem
    Quote:

    Originally Posted by mike3489 View Post
    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.
  • May 23, 2013, 04:06 PM
    mike3489
    Quote:

    Originally Posted by ScottGem View Post
    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
  • May 23, 2013, 04:08 PM
    ScottGem
    Quote:

    Originally Posted by mike3489 View Post
    Ok thank you scott

    Good luck and keep us posted as to what happens.

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