In the middle of August 2006 I received a call from a DYFS forensic investigator in New Jersey. They had been tipped off that I had been smoking marijuana around my son. It is a false accusation and I told them so. I asked for details of the tip and the person reporting it and they refused to provide any details (although, I knew who had provided the tip and it was bogus). This is the only "evidence" they had and they insisted that I go in for an interview. I told them I needed to talk to my lawyer.
At the time, I had started divorce proceedings and my divorce lawyer advised me not to go in to see them. Since then I have reconciled with my wife and divorce proceedings were dropped.
I heard nothing more from DYFS until the beginning of April 2007. I got another call from the investigator saying I had to go in for an interview so they could "close the case". I ignored the calls. The investigator called again and I ignored that call.
I came home from work last Friday and my wife told me the investigator had come to my home (we are now at a new address so they must have looked me up in some kind of database) telling her that they wanted to interview me.
On Monday, I came home from work to find a letter sent by certified mail, stating that they had tried to contact me several times but to no avail. It stated that if I did not contact them "in a timely manner" they would start court action against me.
The "investigation" appears to violate both my 5th and 6th amendment rights. However, I am not an expert and would appreciate any advice anybody can give me on this.
Can they force me into court on the basis of an anonymous tip?
What happens to due process and probable cause in an instance like this?
If they ask me to take a drug test, which I would pass but would find humiliating, can I refuse under my 4th amendment rights? Is that taken as a sign of guilt and, therefore, they can remove my kid?
In addition, under Miranda rights I thought I had the right to remain silent during any "investigation". Therefore, how can I be forced to go to an interview to answer a bogus charge? Why can't I remain silent?
I suspect the state of NJ and DYFS have enacted laws that violate my constitutional rights, and therefore, have violated the 14th amendment.
I have nothing to hide and could simply turn up for an interview. However, I object on principle given that I have done nothing wrong and they have no evidence except an anonymous tip.
As I understand it, if they have violated my constitutional rights, I can sue them eventually but in the meantime they could run me through the state court system until I can appeal in federal court. Am I better off not bothering fighting them and getting it over with?
However, in my research I have read many sad stories of DYFS riding roughshod over people's rights and really do feel like fighting for the little guy.
In terms of fighting them, as a next step I was considering responding to their letter outlining how they were violating my constitutional rights and asking them to respond as to what laws they were acting on and why they thought they were able to ignore my rights. Is that a good approach?
Clearly my kid has not been deemed as being in "imminent danger" if they can leave it 7 months before chasing me again. However, coming out of the blue like this they have now placed new stresses on my marriage and I feel harassed by their threat of court action.
Any help on this would be gratefully received. Thank you for your kind attention.
Jorvic
At the time, I had started divorce proceedings and my divorce lawyer advised me not to go in to see them. Since then I have reconciled with my wife and divorce proceedings were dropped.
I heard nothing more from DYFS until the beginning of April 2007. I got another call from the investigator saying I had to go in for an interview so they could "close the case". I ignored the calls. The investigator called again and I ignored that call.
I came home from work last Friday and my wife told me the investigator had come to my home (we are now at a new address so they must have looked me up in some kind of database) telling her that they wanted to interview me.
On Monday, I came home from work to find a letter sent by certified mail, stating that they had tried to contact me several times but to no avail. It stated that if I did not contact them "in a timely manner" they would start court action against me.
The "investigation" appears to violate both my 5th and 6th amendment rights. However, I am not an expert and would appreciate any advice anybody can give me on this.
Can they force me into court on the basis of an anonymous tip?
What happens to due process and probable cause in an instance like this?
If they ask me to take a drug test, which I would pass but would find humiliating, can I refuse under my 4th amendment rights? Is that taken as a sign of guilt and, therefore, they can remove my kid?
In addition, under Miranda rights I thought I had the right to remain silent during any "investigation". Therefore, how can I be forced to go to an interview to answer a bogus charge? Why can't I remain silent?
I suspect the state of NJ and DYFS have enacted laws that violate my constitutional rights, and therefore, have violated the 14th amendment.
I have nothing to hide and could simply turn up for an interview. However, I object on principle given that I have done nothing wrong and they have no evidence except an anonymous tip.
As I understand it, if they have violated my constitutional rights, I can sue them eventually but in the meantime they could run me through the state court system until I can appeal in federal court. Am I better off not bothering fighting them and getting it over with?
However, in my research I have read many sad stories of DYFS riding roughshod over people's rights and really do feel like fighting for the little guy.
In terms of fighting them, as a next step I was considering responding to their letter outlining how they were violating my constitutional rights and asking them to respond as to what laws they were acting on and why they thought they were able to ignore my rights. Is that a good approach?
Clearly my kid has not been deemed as being in "imminent danger" if they can leave it 7 months before chasing me again. However, coming out of the blue like this they have now placed new stresses on my marriage and I feel harassed by their threat of court action.
Any help on this would be gratefully received. Thank you for your kind attention.
Jorvic
