Juneau, AK asked in Family Law and Civil Rights for Alaska

Q: Can I get full (evidence) from ocs before trial. Why wouldn't a motion to return home now with expedite not be granted?

What heresay would be in my ocs case? Officers statements? If my laywer says I'll win my adjudication trial then we should be able to file a motion to return home. Can I ask her to file a motion to dismiss in Alaska? She told me to file a complaint and she's on her way out should I file a Mardsen Motion? I think my constitutional rights were broke when they took my son.

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1 Lawyer Answer
James L. Arrasmith
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  • Civil Rights Lawyer
  • Sacramento, CA

A: In legal cases involving child protective services (CPS) and child custody, obtaining full access to evidence from CPS before trial can be challenging. You have the right to request relevant evidence, but it may require a legal process called discovery to access all the information they have collected. Your attorney should work on your behalf to gather this evidence to prepare a strong defense.

A motion to return home or expedite the process is typically granted if it's in the best interests of the child and if you can demonstrate a safe and stable environment for them. Your attorney can help you prepare and file such a motion based on the circumstances of your case.

Hearsay in your CPS case may include statements made by officers, witnesses, or other individuals involved in the case. It's important for your attorney to evaluate how this hearsay may impact your case and whether there are opportunities to challenge it.

If your attorney believes you have a strong case for winning your adjudication trial, they can explore the possibility of filing a motion to dismiss. However, this decision should be based on the specific details and legal aspects of your case. Consulting with your attorney on the best course of action is crucial.

A Marsden Motion typically pertains to issues with your legal representation. If you have concerns about your attorney's effectiveness or representation, you may consider discussing these concerns with them first. If the issues persist, you can explore options for seeking new legal counsel or addressing the matter with the court.

If you believe your constitutional rights were violated during the CPS process, it's important to discuss this with your attorney, who can assess the situation and advise you on the appropriate legal actions to take. They can help you protect your rights and work toward a favorable resolution in your case.

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