Wrongful Child Abuse Accusation

Summary

If you are wrongfully accused of child abuse in New Mexico, you have the right to a competent attorney. If unsatisfied, you can request a new public defender, file a complaint with the attorneys supervisor, or hire a private attorney. If CYFD found no cause, a court hearing is required to change custody. You can challenge changes in charges, request evidence, and appeal the termination of parental rights. If your attorney is not defending you effectively, you can request a new one or hire a private attorney. Always consult a legal professional for personalized advice.

Full Conversation

I'm being wrongfully accussed of child abuse and the public defender that was assigned to me is doing nothing to help me prove my innocence
I'm sorry to hear about your situation, ****. Could you let me know where you are located? This will help me provide accurate information on laws in your jurisdiction.
Silver City nm
I'm sorry to hear about your situation, ****. In NM, you have the right to a competent attorney. If unsatisfied, you may:
- Request a new public defender
- File a complaint with your attorney's supervisor
- Hire a private attorney
Please note, these are general steps, not legal advice.
Ok the way they went about all this was wrong my kids got tooken away by cyfd and they did there * hour investigation and didn't find anything they were going to return my kids back to me but then the police went in there and made a big deal because cyfd didn't wanna take away the kids so then the cops took custody over the kids and handed them over to there grandma
I'm sorry to hear about your situation, ****. In New Mexico:
- If CYFD found no cause, a court hearing is required to change custody.
- You have a right to an attorney during this process.
- You may request a review of the police's actions.
Please consult a lawyer.
They said they had done investigating but then in the police report it said that they decided to press charges right there and then nobody ever came and talk to me or my wife when I showed up to magistrate court it was said that I had slapped the kids but when It got binded over to district and I showed up to district it was different charges it said that I had grabbed them from there harm and threw them against the wall
I'm sorry to hear about the confusion. In New Mexico:
- Changes in charges can occur as investigations progress.
- You have the right to challenge these changes.
- You can request evidence supporting the charges.
Remember to discuss this with your attorney.
Now they terminated our parental rights and gave custody to the grandma and we have only been notified to show up to court once for the costudy over the kids now were getting calls all the time cuz the kids aren't going to school there always getting in trouble at school there just out of control now that there with there grandma
I'm sorry to hear about your situation, ****. In New Mexico:
- You have the right to appeal the termination of parental rights.
- You can request the court to review the grandma's custody if the kids are not being cared for properly.
- You may consider reporting truancy to the local school board.
Please consult a lawyer to explore these options.
Now I been going threw all this for a year and a half and now there offering me a deal wanting me to plea guilty to abandonment of a child and it seems that my lawyer all he wants is for me to take a deal instead of him proving my innocence
I'm sorry to hear about your situation, ****. In New Mexico:
- You have the right to refuse a plea deal.
- You can request a trial to prove your innocence.
- If dissatisfied with your attorney, you can request a new one.
Consult with a legal professional before making any decisions.
I seen the police discovery and one of kids clearly say that there mom was the one that slapped them not me
I'm sorry to hear about this, ****. In New Mexico:
- You can use this statement as evidence.
- You can request to re-examine witness statements.
- You may want to discuss this new evidence with your attorney.
Remember to consult with a legal professional for advice.
All my attorney tells me is that he doesn't have a defense for me
I'm sorry to hear about your situation, ****. In New Mexico:
- An attorney should advocate for you effectively.
- If you feel your attorney isn't doing their job, you can complain to their supervisor or request a new one.
- You can also hire a private attorney if possible.
Remember to seek professional legal advice.