| The First Steps in Your Defense |
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Write the following information (1-13) and use it when looking for and working with your attorney: 1. A chronology of everything which has happened. 2. The birthdate of each child involved. 3. The names, ages, addresses, employment, etc., of anyone else involved in any way with the case. Be sure to include the relationship between the people. 4. Describe the people, including relationship to you and to the child or children involved. 5. The dates (approximate is okay, too) when you had access to the child or children. 6. If you've been in the military, briefly describe your service. 7.
The names of those, including yourself, who have been interviewed by
DSS,
CPS -- all those agencies which have abbreviations we all know. Do not let yourself be interviewed again by those agencies without your attorney or a witness of your own choosing. Your interview will be sent to the police and the district attorney's office and can be used against you. 8.
The name of the DSS or CPS or worker. She would have written a report.
Have you seen her report?
~NOTE~
Do not let yourself be interviewed
again by the police without your attorney present.
10. Is the psychologist a sole-practitioner or with an agency? 11..Psychologist's name and the name of her or his employer. 12. Was the psychologist appointed by the court? by CPS? or chosen by a private person? 13.
How is the psychologist being paid? -
NOTE - You
need ALL the papers (14-25). There are no exceptions.
All of thede papers likely have exculpatory evidence in them. Much of the information can be used to impeach the state's witnesses. You need: 14. A copy of the docket sheet (in clerk's office). 15. A copy of the pleadings filed by your attorney. 16. A copy of all pleadings filed by opposing counsel or the DA's office. 17. A copy of every paper you have filed. 18. A copy of the mandatory report (the written report or the intake of the person who reported the abuse or rape). 19. A copy of the DSS or CPS investigatory report. 20. A copy of any appeal which may have been filed with the administrative agency. 21. A copy of the disposition by the agency. 22. A copy of any and all police notes and reports regarding the allegation against you. 23. A copy of any and all school reports regarding the allegation against you. 24. A copy of any and all doctor's and reports regarding the allegation against you. 25. A
copy of the psychologist's or psychologists' process/progress notes.
The papers are extremely important . . . CRITICAL. These agency staff and/or social workers and
psychologists
must work If you are feeling anxious, you are not overreacting.
These cases can
be very dangerous to your liberty. Best to do everything now rather than later, after you are sitting in jail serving a long sentence. It's extremely difficult, if not impossible, to correct things after conviction. ~NOTE~ The motions you'll likely need to
file are
listed in 26-44. A separate motion is provided for each type of
evidence
or ruling of law. Often, all requests are put into one motion. Whether
you or your attorney file group the requests into one or a few motions,
or file separate motions depends on your state, the local court or
custom,
the judge, the attorney, or the needs of the case. ~NOTE~
If you don't know what you're
being charged with,
or even if you do know what you're being charged with, you need a Bill of Particulars. The district attorney's response to a Bill of Particulars would or should tell you when the state is alleging the abuse occurred. You want that information in writing. 27. Motion for Exculpatory Evidence 28. Motion to Inspect Statements of Witnesses 29. Motion to Inspect Tangible Evidence 30. Motion for Production of Police Reports 31. Motion for Statements of Defendant 32. Motion for Names and Addresses of Interviewed and Percipient Witnesses 33. Motion for Criminal Records 34. Motion For Leave to File Additional Motions 35. Motion to Dismiss for Lack of Speedy Trial with Supporting Affidavit and Memorandum 36. Motion for Funds for Experts 38. Motion to Suppress Hearsay Testimony of Therapist with Supporting Memorandum and Supporting Affidavit by Counsel 39. Motion to Use Demonstrative Evidence 40. Motion to Sequester Witnesses 42. Motion for Directed Finding 43. Motion
for Curative Instruction |
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