If someone is assaulted and the victim does not press charges, can the assaulter still get into legal trouble?
Others have written good answers and some of those others are lawyers or police officers ... Me? I'm neither, but I think I have a little to add that may help clarify things (but not really add a lot new).In a criminal case, the case reads e.g. New York vs. Joe Smith. In a civil case, it would be Jane Doe vs. Joe Smith. In a criminal case, the prosecution is done by some combination of police officers, other investigators, and the city, state or federal authorities. The police are paid by the "people". If it goes to trial, the attorneys for the prosecution are also paid by the people. Several people raised the fact that, in a murder case, the victim can't press charges. True. But hardly unique! This also happens in many drug cases, prostitution cases and child/spousal abuse cases. However, it wasn't always so and it isn't so everywhere. All the above is centered on the USA (although I believe many other countries are similar). Some states have, however, not even tried to prosecute criminals and others make only minor efforts to do so. This failure may be due to the actual law or it may be due to lack of resources or it may be due to corruption. When this is the case, people take the law into their own hands. Such places are always very violent. E.g. the "wild west". I'd be interested to hear about how criminal cases work in other countries.
Does a misdemeanor go away? How long does it take?
How long do you have to list it might be a better question. They don't go away. After a certain period of time they are simply not relevant. A misdemeanor a year ago is certainly more ‘serious' than that exact same misdemeanor ten years ago.How long does it need to keep being brought up? That depends on a particular job and its requirements and how the question is asked. But it's always there unless dismissed or expunged or pardoned if someone wants to dig that far and deep into the past.
Why is it that child protective services is a joke?
Child Protective Services (CPS) is the name of a governmental agency in many states in the United States that responds to child abuse and neglect. The answer to your question is that they have to follow a process for each individual case which includes: Intake: Receive reports of child maltreatment allegations. Screening the Report: determine if a received report's allegations meet statutory definitions for child maltreatment. If statutory definitions are met, then the report is accepted for investigation/assessment; otherwise, it is screened out and might be forwarded to another agency. Investigation/Assessment: if a received report is accepted, then CPS "investigates" or "assesses" the allegations through contacts with the family and pertinent collateral-information providers Case Decision: if the child-maltreatment allegations prove sufficiently credible and/or if the family is in need of services to prevent future maltreatment (independent of the parents/caregivers' actions), either involuntary or voluntary post-investigative services are generally provided Treatment/Case Management: CPS case-management/treatment services are provided to a family to prevent or address child maltreatment. Case Closure: if the case decision found no need for follow-up services by CPS, or if the family and/or community has addressed all risk factors that lead to the provision of CPS case-management services, or if a family's rights to a child is terminated and the child has been adopted, then the case can be closed I personally don't agree with this process. Most child protective services employees are there just for the pay check and they will do the least amount of work needed to make there work load lighter. I find it ignorant beyond what ignorant means. I know the services is a joke because my cousin has been mistreating her children and brother for years and supposedly they investigated her but there is no proof because her house is still unlivable, children malnourished, and more. And yet they are about to close her case. I am sorry for the loss of your cousin and I just pray that one day this screwed up system gets fixed because it is ridiculous how children have to die for grown peoples ignorance.
False reports to Children's aid. Is that harassment?
If CPS or Children's Services has been called and their investigations prove to be unfounded, then YES you are being harassed! I would guess that your upstairs neighbors aren't happy about having neighbors in such close proximity. But if they want a nice quiet 24/7 home, they shouldn't live in an apartment complex!!! (Please know that is not a derogatory statement towards anyone who lives in an apartment complex!!!) But we all know apartment complexes have thin walls, and that is a brewing pot for ill-willed neighbors! I would let your apartment manager/landlord know of the harassment. As long as the accusations are unfounded, the "visits" from CPS are merely a nuisance. I would, however, let the local law enforcement aware of the unruly neighbor so that their harassment is doubly recorded in the event you decide to take any legal action against your neighbor.
My friend got a ticket for child neglect....?
When you apply to the Board of Nursing you have to detail any felony or misdemeanor you've been charged with, if guilty or pleaded nolo contendere, no contest to a crime. Detail any charges pending against you in court. If she is never charged then it doesn't really go on her record. You can submit a copy of 'Certificate of Good Conduct' for the board to review. They will consider the situation and if serious enough, deny licensure, or permit licensure under a probationary period. Depends on the State.
Where to turn when CPS does nothing?
I have a neighbor, directly across from my apartment ( I can hear everything that happens in her apartment), her children are gravely malnourished, neglected, abused and ignored. I am so frustrated because since she moved in last summer I have called cps 3 times myself, and the other neighbors around her have anywhere from 3-5 times as well. Her 5 yr old boy is the size of my 2 1/2 year old daughter, and my daughter speaks better. The 5 year old fell out of a 2nd story window about 3 weeks after they moved in (1st cps call) and the "mother" went down, nudged him with her foot and said you are fine, get up... umm excuse me WTF??? The 5 year old is so hungry he begs from the neighbors for food, the mother does not work, gets wic, food stamps, cash and housing help. There is no reason for these children to be deprived the food that my family is paying for, and then have to feel sorry for the children and give them more from my own fridge. CPS is doing nothing. They have come out, she has open cases because when you call all you have to do is give her name and they can pull her up. The final straw was last night when her naked 2 yr old daughter was running around the parking lot unattended and my husband almost hit her, I was irate at this point and went to yell at her and her excuse was I went to the bathroom and the kids snuck outside, well my husband waited with the girl for 10 minutes and my mom was here and went to walk her dog and witnessed both kids playing alone outside in the filthy water reservoir 15 minutes before my husband got home. Yeah but they just snuck out (for at least 25 minutes) while she went to the bathroom.... UGH! Anyway rant over, what can I do? Is there a way to go above CPS? Any help please, I am about to abduct these children and drop them off at an orphanage.