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  1. #1

    Default Confused About Pretrial Diversion

    I am in West Virginia

    My sister's ex remarried a woman who has 2 children. One of the new wife's minor children sexually abuse my sisters minor son. While there was to be no contact between the children the courts allowed contact with the step mother.

    She forced the son to recant his statment after nonstop badgering, yelling and cussing both of my sister's children. The DA's office asked for an investigation and there were charges brought agaisnt the wife for "Felony Witness Tampering" (the son has testified in court). After the investigation the police report and the cps report both listed both of the children as "victims". However since the son is the only one who has ever testified and the daughter would never testify to the abuse she was not named in the charges.

    The hearing was set for 09/05/2007 the wife enters a pretrial deversion and we are told that we will be contact to make statments in court when is has to appear in no less than one year. We were never contacted, there was ahearing on Jan 8th. She was put on probation for 2 years and is to have no contact with the son only. (since the daughter was not named in the charges) The father has immediatiedly taken the daughter to the new wife so that she may have a relationship with this child.

    1. Why werent we contacted when we were told that they would contact us?

    2. After contacting CPS they said that there is nothing they can do that she wasnt breaking her probation or the law by being around the child. I sthere anything that we can do to limit or at least require any contact with the wife be supervised by an officer of the court?

    3. What is a pretrial deversion?

    4. Within the last 9 - 10 years she has be involved in 2 felony charges and no less than 14 misdemeanors. Is this really the best thing for this child to be exposed to someone who has not only done this to her and her brother but also apparently has so little regard for the legal system?

    Thank you in advance for any help that you might be able to give us.

  2. #2
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    Default Re: Confused About Pretrial Diversion

    Quote Quoting kskisner102601
    View Post
    1. Why werent we contacted when we were told that they would contact us?
    You would have to ask them.
    Quote Quoting kskisner102601
    2. After contacting CPS they said that there is nothing they can do that she wasnt breaking her probation or the law by being around the child. I sthere anything that we can do to limit or at least require any contact with the wife be supervised by an officer of the court?
    The father can bring an appropriate motion with the custody court.
    Quote Quoting kskisner102601
    3. What is a pretrial deversion?
    If somebody successfully completes pretrial diversion, the charge against that person is dismissed without a conviction.
    Quote Quoting kskisner102601
    4. Within the last 9 - 10 years she has be involved in 2 felony charges and no less than 14 misdemeanors. Is this really the best thing for this child to be exposed to someone who has not only done this to her and her brother but also apparently has so little regard for the legal system?
    The father can bring an appropriate motion with the custody court.

  3. #3

    Angry Re: Confused About Pretrial Diversion

    So if by some chance she is actually able to go the next 2 years without getting into any trouble everything that she did to my nephew will be totally erased? Between this and the fact that the family court judge has rewarded her with visitation with the child ( she gets her very own visitation with my niece every Wednesday).

    I don't understand why they (the DA's office) would ever consider letting this go. The last time they talked to us.... they were all about saying how badly they wanted her to pay for what she had sone. Said how they would most likely be able to keep her away from both children until they are both over the age of 18.

    This is so frustrating, how are you supposed to explain to the child that they arent going to do anything to her? He already feels like nobody care about what has happened to him. I wish that someone would actually made these people stand behind their words and follow through with what they say.

    We are all about to give up!

    Thank you for your response

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