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-   -   Do I have a lawsuit (https://www.askmehelpdesk.com/showthread.php?t=750002)

  • 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.

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