Child Abuse Defense Attorney
Attorney Tricia Dwyer is rated 'Superb' year after year
Accused of Child Abuse or Child Neglect
MISCELLANEOUS LEGAL QUESTIONS & ATTORNEY TRICIA DWYER'S ANSWERS:
Legal question: What happens if a child support case has started & a parent's gotten charged with felony child abuse?
Attorney Tricia Dwyer's answer: If I were helping you, fuller details would need to be known to give you general guidance - who has the kid/kids? who's the petitioner? is the child abuse about the kid/kids in the child support case? etc., etc.
Legal question: Am I supposed to be sworn-in before I plead guilty to felony child abuse?Attorney Tricia Dwyer's answer: In a felony case, the criminal defendant is to be sworn and asked certain questions prior to the judge accepting a guilty plea agreement. See MN Rules of Criminal Procedure.
LEGAL QUESTION: I signed over rights to my kids, one is special needs. CPS pressured me. It was TPR (Termination of Parental Rights) and CHIPS and my kids were in foster care a long time. I was not sober when I signed my kids away. I'm sober now. Can I get them back? ATTORNEY TRICIA DWYER'S ANSWER: No lawyer is allowed to promise any client a particular result or outcome. I'm a 'mom' of now grown 'kids' including special needs kids; I feel utmost compassion for you (I myself also have been in a large, really healthy and strong 12 Step group for many years); it's wonderful you've chosen to aim to go the pathway of getting healthy and staying healthy. What I suggest you consider doing is having a review of your case done. If you're low income, indigent, I note you wrote Brown County; I suggest you might want to do an Intake with SMRLS (So. MN Reg'l Legal Servs.) and find if they may help you (I do not know the answer). I do this sort of CPS 'termination of parental rights' case review in my work. What happens is that I review the legal and related paperwork of the case with my client. If my client has financial stress, I will provide reduced lawyer work fee. If you are going to have lawyer help with this, DO 'run do NOT walk' because this sort of legal matter contains many time pressures and time deadlines, and people can forever lose rights by undue delay or 'doing nothing'.
LEGAL QUESTION: I qualified for a public defender court appointed lawyer in CHIPS TPR case but the lawyer quit. I get runaround, but court tomorrow. ATTORNEY TRICIA DWYER'S ANSWER: Hello. I am sorry; I can't tell you specifically what to do. It is the judge who makes the decision whether or not a court-appointed lawyer will be appointed, and so, based on what you stated, presumably it is the judge who shall decide the matter of a replacement attorney for you. I urge you to be careful to keep all of the detail between you and your lawyer; for one, when CPS gets involved, the matter's inherently very serious; another reason is that sometimes criminal legal matters are involved and so 'the right not to incriminate oneself' may be a concern. I suggest you phone MN Volunteer Lawyers Network, and 'SMRLS' (So. MN Regional Legal Servs.), regarding phone advice for you. If possible and reasonable and realistic for you to do, I suggest you seek out second opinion attorney advice also; if so, 'do your homework' and check out lawyers' names and online bios', etc. A subset of lawyers may offer reduced fee for financial hardship. I'm 'a mom' myself, and have utmost compassion for you. Take care.
LEGAL QUESTION: I don't qualify for legal aid so I hired this lawyer who advertises as nonprofit and is kinda near me. I have to start divorce and my husband is a total abuser. This lawyer I hired told me he'd 'have this ready in a week or so'. Well, it's now 6 weeks and going on 7-I'm scared of conflict.
ATTORNEY TRICIA DWYER'S ANSWER: Hello. You wrote of 'non profit lawyer', and so I would first want to know to what exactly you're referring. I always urge people to be good consumers of attorney services - the relationship between the one attorney, and you, the one client, is a very, very personal one, and ideally you should be feeling utmost trust and confidence in who you chose to be the one lawyer to help you now.
If I have a client who wonders when exactly I'll have some 'paper' prepared and sent/emailed to her/him to review, I suggest my client email me and state something such as, 'Hello Tricia, When exactly will you have X paper ready? I need you to reply to me with the EXACT date and time, please, Tricia. Thank you!'.
Send a private message now (include name of other adult involved).