Cruelty to a Minor -- HELP ASAP!
This is a discussion on Cruelty to a Minor -- HELP ASAP! within the Domestic Violence & Abuse forum, part of the Divorce, Separation, Annulment category; I was arrested on Easter Sunday (in April) of 2009. I have no priors and have never been in trouble ...
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Cruelty to a Minor -- HELP ASAP!
I was arrested on Easter Sunday (in April) of 2009. I have no priors and have never been in trouble before. The situation that occurred was I whipped my child. My mother was brought into the situation and she in turn called OCS saying that I "threw my son across the room and into a wall." When questioned about the incident she admitted,that no she hadn't seen any of it happen and was NOT in the residence when it happened. All of my children were then questioned and examined by paramedics and OCS caseworkers & officers. I was arrested (anyways) and charged with domestic violence to a minor. I was put in jail for 72 hours. I was released on Tuesday morning,while in "court",at the jail. While in court at the jail, I was informed by my public defender (he never gave me his name and I wasn't allowed to ask) that he doubted the DA would even pick this up. I was released to my mother on a ROR bond. OCS had a on-going case for a little over a month. In that time I volunteered to be evaluated for a psych examine. Also I took voluntary anger management classes. I just received paperwork for me to appear in court for an arraignment. I have no idea what to expect. I have tried calling the DA,only to be told to contact my court appointed attorney. When I tried to ask WHO my court appointed attorney was,I was hung-up on. I am unsure as to how I should proceed with all of this. Seeing as I have never been in trouble before AND OCS closed the case ( I am assuming) that the court will see my time served and other things and keep all of it in mind. I am wanting to know,how I should pled. Guilty? Not Guilty? Guilty without admitting guilt? Also can I be re-arrested at an arraignment. I was previously charged with Domestic Violence against a minor BUT when I received m paperwork for my arraignment it said I was being charged with Cruelty to a Minor. Are those the same things or is it a different charge? Is it a lesser charge and/or a higher one (felony?). Any help is much appreciated.
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to add to that* NONE of my children had ANY marks on them. There are NO medical reports from ANY of their doctors of EVER having ANY "physical" injuries. My kids haven't even had a COLD as of yet. My mother has told OCS she wished to drop the cases,because she doesn't want to comply with the bond's stipulations. The bond I was released on stated she had to be present with me at all times,when my husband couldn't be. (ie when he worked,she had to stay with me and my children. i also was not allowed to SLEEP at my house,only stay there during the day,with supervision). She stated to OCS that my children were "annoying and unruly" and that they made her "physically ill". The charges were dropped soon after from OCS. I know being charged with this crime is serious. If I had done what they say I had done, I would expect full punishment. But literally,I whipped my kid,for pushing his baby brother off the top of a bunk bed into a solid oak wood flooring. My sons BOTH confirmed that also (when questioned away from me). My oldest son (the one who pushed) then fought me when I told him he was going to receive a whipping. I whipped him,with a OPEN palm,WITH his jeans AND underwear,on. In the process of THAT,he kicked and bit me,causing me to release my hold on him. He then fell from my hands and he did,yes,fall on the floor. I just wasn't going to fight with him anymore. I went to leave his room,my husband starts to yell at me for being,"out of control",calls my mother over to our home. She walks in the door,looks at my kid crying,and calls 911 saying I'm,"throwing kids into walls." When the cops arrived (cause there were numerous) They didn't even realize I was the person accused of these charges. This has been a huge stressful situation on my family,my marriage and my children. ANY help,is more then welcomed.
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Cruelty to a Minor -- HELP ASAP!






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