Legal Question: What type of attorney do I need for a child abuse case?

My wife was accused of child abuse 4 years ago and they placed her on probation. Yet, she has not seeing her probation officer in a long time. Now her probation has been revoked and the case has been reopened and a hearing is scheduled.

Does she need a criminal or family lawyer? There are things that our lawyer needs to know in order to understand my wife’s case. First, the detective that charge her with abuse took her statement without a lawyer present and switch things around in her statement. Second, the probation office had her urine test twice a month knowing that she already had weed in her system and threaten to put her in jail.

Weed doesn’t leave your system for 30 days and we tried to tell the probation that but she did not want to hear it. My wife is a good person. What should we do?

Answer:

Your wife has already pled guilty or no contest to the charge of injury to a child, and waived a trial and waived appeal — so she does NOT get a new trial or hearing on the facts concerning the original case.

She is entitled to a hearing on whether or not she did in fact violate her probation and why she did it.

You should hire an attorney who will assist your wife in preparing for the hearing. The attorney will also talk with prosecutor to try to work out an agreement to continue her on probation. It is possible for her to remain on probation but she needs an attorney to help make that happen.