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  1. #1
    Join Date
    Jun 2016
    Posts
    2

    Default Misdemeanor Child Abuse Charges After a Babysitter Left My Child Unattended

    My question involves criminal law for the state of: Colorado, Jefferson County.

    The first day I had a new babysitter to care for my 7 year old, he was dropped off at our house alone while my roommate was gone. Neighbors called the police, police came into my home and questioned my son without my knowledge and did not check his emergency information in his backpack (brand new house within two weeks of living there and i had a brand new phone within four days of receiving it so he didn't know the info off the top of his head - he now knows all of it and recites it every day).
    Police called the school and called 4 other people before calling me. Told me they'd take him away if i didn't get home fast enough (I work well across town and he didn't even call me in the first place). I was charged with Misdemeanor 2 child abuse.
    The babysitter later told me he talked with the police and told them it was a misunderstanding. The police report does not reflect this. The police report says that he called and told them that he was to drop my son off alone (which was not the case, but regardless still isn't my fault if another person drops my kid off without my knowledge while I'm not home). I now have my son in after school care and take him to school every day myself. The babysitter has since disappeared, his phone is shut off and his wife refuses to answer or acknowledge any of this.
    My roommate at the time wasn't home and the agreement was for the babysitter to check on the home and take my son to his house if no one was home. The roommate is no longer living with us and in the police report said things like my son was alone multiple days (not to my knowledge AT ALL as the roommate didn't work) as well as an incorrect timeline of our living at the house.

    Police were aggressive about how i was purposefully abusing my child and not taking care of him properly. I wasn't allowed to get a word in about the measures I took to take care of him and they didn't believe me about having a babysitter. Further, the officer wrote my ticket about purposely abusing my child before he ever called me. The date stamp is about an hour before his voicemail on my phone. Even further, the officer states in his report that he called me and talked to me on the phone first, and THEN wrote the ticket. Many things in the report are incorrect and can be proven (such as incorrect information he received from my son and my roommate)

    Social worker came and closed her case, she did a thorough investigation and she's completely on my side. I have not yet received the records from their department, but it appears that this is the only thing I have on my side at this time.

    At this point I have pretrial next week, I can't afford a lawyer and can't get legal aid due to this being a criminal case. I have no family in the area and no ability to get a loan to pay for it. In addition this is Jefferson county, which I've heard from the dozens of lawyers that I have talked to is one of the more difficult ones to deal with, especially in these cases. I know I can request one at pretrial.

    I want this to be dismissed entirely, especially if I can show that the things in the report are inaccurate. The police report is the only discovery at this time and none of my friends or family have been called or questioned. Neighbors have since been interviewed by police but that is it. I don't believe there's much of an investigation outside of the social worker's, which was positive. I am in no way willing to plead out as I've taken every measure to make sure my child is taken care of and will NOT have child abuse on my record. I just don't want to be bullied into signing anything because I'm alone and will likely be having a panic attack while in pretrial.

    Please, any advice towards filing a motion to dismiss (I can't find a template or form for the life of me), the pretrial process, going alone, plea deals, anything in here at all would be greatly appreciated.

  2. #2
    Join Date
    Sep 2013
    Posts
    312

    Default Re: Pretrial Help - Pro Se, Motion to Dismiss, Colorado

    You absolutely need a public defender. Have you discussed this with the Clerks office yet?

  3. #3
    Join Date
    Oct 2006
    Posts
    16,474

    Default Re: Pretrial Help - Pro Se, Motion to Dismiss, Colorado

    Will the social worker be testifying? If so, that should really help you as they are taken very seriously by judges.

    I suggest that you find some people to go with you to court, particularly people who can also testify on your behalf.

  4. #4
    Join Date
    Jun 2016
    Posts
    2

    Default Re: Pretrial Help - Pro Se, Motion to Dismiss, Colorado

    No one was around when I met and spoke with the babysitter to collaborate any of it. The school is denying they advocated for him (which they did, they gave me his history as a city employee and he was highly recommended). I can try to get my ex roommate, but he's very spotty.
    The social worker agreed to appear over the phone as she has appointments all day. I actually just heard back about my records after bugging the guy and I'll be going to pick them up today so at least I'll have her research.

    I don't qualify for a public defender. I'm a temp, and my gross is too much for any kind of legal aid. As a temp I make about half my gross though, so I still can't pay for one.

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