Q: I have a special needs son who was assaulted by his teacher on 2 twice. what kind of lawyer do I need for this situation
CPS was involved because there was a witness who reported the teacher. Now the teacher filed a claim to juvenile courts saying it was my son who assaulted her. My son has autism, adhd and mod to severe intellectual disability. I need help to fight this.
A: Hopefully this occured around some typical peers or other witnesses who can speak to what actually occurred. You need to get statements from those individuals ASAP and get them to commit to appear at the evidentiary hearing. Merely having a written statement will often not work as that is considered hearsay (an out of court statement being offered to assert the truth of a matter). You need both the writing (to refresh your witness' recollection) and the witness. Has law enforcement brought a charge against the teacher or your son? Your question does not really make this clear. If it is against your son look for attorneys with experience in both delinquency law and special education. Good luck.
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