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Confused about jurisdiction between family (juvenile) and criminal court...

Discussion in 'Criminal Procedure, Criminal Court' started by Jeromy Edwards, Aug 16, 2022.

  1. Jeromy Edwards

    Jeromy Edwards Law Topic Starter New Member

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    Jurisdiction:
    North Carolina
    Not much detail is needed for my question....due to false allegations, I am facing criminal charges. I was charged on Dec 10th, and turned myself in through my attorney on Dec 14th. I was released to pre-trial the following day after my initial hearing etc. DSS is invovled. Their involvement began on Nov 13th. My fiance (through advice from counsel, after DSS still had not filed a petition after 40 days, petitioned for and was awarded an ex parte emergency custody order, as DSS would not return her daughter to her. The TSP and DSS denied the order, then later that evening DSS filed their petition WHILE in contempt of my fiances order (as well as a New York State custody order she has, which DSS ALSO chose to ignore). I actually have three questions:
    1) Isn't there something that can be done about the fact that DSS filed a petition (signed by a magistrate after hours, when no "emergency" was present, as DSS already had the child where they wanted, at the TSP's since Nov 15th? And as mentioned, they were already in contempt of my fiances ex parte order signed by a District Family Court Judge that day...AND her New York order...
    2) Is there something that can be done, considering DSS coerced my fiance into signing a "safety agreement," when SHE was not alleged, and they had knowledge of her New York Custody Order? They cannot "modify" an out-of-state custody order with no court order correct? I must also add, that they also restricted her access to her own child, including "supervised visitations" from that day forward.
    3) Can DSS conduct a forensic interview, and CME interview, with no court order, while in contempt of my fiances NY order?
    4) Finally, can the family (DSS) court, include me in the petition (due to the allegations), and hold an adjudication/trial, where I essentially could be found "guilty/substantiated," BEFORE I go to trial for criminal court? I know it's not considered "double jeopardy," but how is that legal? Especially because it could harm my criminal case if I attempt to defend myself at the family court adjudication, but if the case is found to be adjudicated, then THAT would be used by the DA in my criminal case later....how is that "due process"? That seems like a "catch-22" situation to me....how is that legal? Can they REALLY "get away" with putting me through two separate trials for the same offense?

    Thank you
     
  2. army judge

    army judge Super Moderator

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    I understand that you're in a very difficult position.

    People you love and care about are also upset, struggling, and distressed.

    First, please take a few minutes and watch the following videos.


    ...


    ...

    Now that you've listened to Professor Duane, please heed his admonishment and talk ONLY to your lawyer and/or public defender about the case and charges.

    You only help the prosecutor by blabbing.

    This isn't the time to get anxious, distressed, or worried.

    This is the time you must remain SILENT, keep yer yapper closed, stay out of any additional adverse police involvement, and follow your lawyer's advice.

    The questions you've asked aren't your concern.

    Be patient, allow your lawyer to defend you, and acknowledge that your silence can't harm you or others.

    You need not defend yourself in family court.

    You should and can request court appointed counsel, unless you can afford to hire such counsel.

    If you had a .45cal slug embedded in your brain or heart, would you seek instructions and proceed to remove it? Heck no.
    That is why you'll only help the prosecutor and hurt yourself by imitating Perry Mason or Matlock.

    Good luck, use your right to request a court appointed counsel, along with your rights to not incriminate yourself or be forced to testify, in a misguided attempt to prove your innocence.

    The state has the burden of proving you're guilty.
    All you need to do is remain silent.
     
  3. flyingron

    flyingron Well-Known Member

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    You should be talking to your attorney. If he only handles criminal charges without experience in family matters, he should recommend additional counsel.

    Unfortunately, the magistrate system in NC is pretty broken and the thresholds for getting them to do something is pretty low (I actually quizzed one about search warrants and pretty much they're a rubber stamp). Your recourse is to have your attorney follow up with the real court during the next available session.

    Unfortunately, the fact that all your stuff is from a foreign court makes things more difficult. Get the "they done me wrong" chip off your shoulder. They can do it because they did. You now have to get your lawyer to correct what has happened.
     
  4. Zigner

    Zigner Well-Known Member

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    The NC courts, etc., are not in "contempt" of an out of state ruling
     

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