Being the target of an investigation by the Connecticut Department of Children and Families (DCF) is a serious issue for any parent. This agency looks into allegations of child abuse or neglect, and the consequences of a substantiation following an investigation can significantly impact your life.
You have the right to legal counsel and you deserve a dedicated lawyer with experience dealing directly with these agents on a regular basis. There are important considerations when hiring a Newtown DCF investigating attorney.
When a person is charged with a crime, they are entitled to a vigorous defense from an attorney. This is true even if they are unable to afford one. The government carries the cost of providing a defendant with a public defender in any case that brings the potential for jail time.
The same is not true for DCF investigations. These are not criminal cases, and there is no direct risk of incarceration. That means a parent must cover the cost themselves of hiring a Newtown DCF investigation lawyer.
While the thought of hiring legal counsel might sound expensive, it can be helpful to think of it as an investment rather than an expense. The outcome of an investigation can lead to continued intervention by DCF agents, and even the potential for having children or the parent removed from the family home.
There are serious risks that come with facing a DCF investigation alone without hiring a Newtown attorney. These cases might not be criminal prosecutions, but they can still profoundly impact an entire family. What’s more, they frequently coincide or lead to criminal charges, meaning that the results from a DCF investigation can impact a person’s chances of prosecution.
Fighting back against a DCF investigation is not as straightforward as in a criminal case. In criminal cases, prosecutors are held to a higher burden of proof. In DCF investigations, agents are held to a much lower standard of proof for substantiating neglect or abuse.
Because DCF investigations and adjudications are not criminal, many constitutional rights enjoyed by those accused of crimes do not apply. Not only will the state not appoint defense counsel, if you cannot afford private counsel, but investigators can use a person’s refusal to answer questions or refusal to submit to drug testing as evidence of guilt.
It is important to know that parents not only have the right to hire a lawyer in these cases, but they also have time to put off cooperating with authorities until they have had a chance to speak with legal counsel. Seeking an attorney will not negatively impact you with DCF, and having the support of a lawyer could significantly increase the chances of a favorable outcome.
Not every attorney is right for representing families during Newtown DCF investigations. A good approach is to learn more about an attorney prior to hiring them. Good questions to ask during an initial consultation include:
These cases are unique, so it is critical to have a lawyer with experience handling these types of cases in this area of the law.
If you are the target of abuse or neglect allegations, hiring a Newtown DCF investigation attorney should be your top priority. Call Mark Sherman Law as soon as possible for a private consultation to discuss your case, and click here to view what past clients have said about working with our team.
