Broken Family Over False Charges

[Whooaahh]

My question involves criminal law for the state of: Northern CA

I have a rather lengthy story to begin my problem. I will state my problem before the story, therefore, you can have an understanding of why my story is what it is.

Problem: My Wife and I are being accused of "Tampering with a Witness". This "witness" is not a witness, it is my mother. There are lots more, so please, keep reading.

Long story:
A few years ago, my fiancé (and her daughter) moved in with my mother, brother and I as my mom was unable to live on her own. Since my wife's daughter was medically fragile, there were many doctors involved in her care.

My brother was adopted as a child and had very similar symptoms to those of my wife's daughter. My wife suggested that since her daughter was getting great care with the doctors, that my mom take my brother there. So started the 4 of them going to the doctor together. My mom would sign all the papers as required and such. After a few visits, my mom asked if it was ok that my wife bring my brother on the follow-up appointments as she had to miss her "services" she was receiving. This was no issue.

After time, all of the doctors kept asking the same question over and over, what medications, what surgeries in the past, what have they been diagnosed with, so and and so forth. Remembering this for 2 disabled children was a nightmare, so I typed it up. If we were refered to see a new doctor because the prior was stumped or wanted a special test they can't do, we would use this paper of information and give it to the new doctor.

This paper included things such as Name, Address, Birth date/place, SSN, Medications, Doctors, Diagnoses/Conditions, etc. Every time a doctor sees it, they always said that it's great and it makes noting things a lot easier.

Time went on and my mother became very disabled and my wife took initiative and started to help her with her doctors and such, so I made up the same paper of info for her as well. Same response from the doctors, "This is great, makes it easy to see what is going on" and things of the sort.

More time goes on and one of my mom's doctors states to us (I went that day) to apply for respite services for my mom since she is an adult being taken care of by someone else. The doctor was nice enough to even setup everything and all we had to do was wait for a phone call so they can come out and investigate what services were needed to be provided.

During this visit, we then again, gave said information paper to the Social Workers that came out and they loved it. They went on to verify its accuracy, and deemed everything to be ok. I was asked how long it took to type all this up, and how often I update it. I complied as I wasn't doing anything wrong, and it was also stated I do it for my brother and step-daughter. The social worker wanted to see my brother's paper, and once she did, she stated that my wife should receive services on him to, since my mom was not the one taking care of his cooking, laundry, medicines, doctors, etc. We agreed and decided to do it.

Many of my mom's doctors told my wife and I not to bring my mom and brother up to Northern CA, but to leave them down south. If that happened, both would have been put in a home separate from each other as my mom was unable to care for my brother and some of her doctor's wouldn't let her live by herself with my brother to begin with. Because I wanted to be to good son I am, I decided to "keep the family together" and keep my mom and brother together as well, and we all moved up North.

Everything from here up was in Southern CA. We decided to move to Northern CA. We made doctor’s appointments for everyone to see all their doctors again as the months prior to moving, we told the doctors we are moving. We got the OK from all the doctors that it was ok to move and that we should take the kids to another "Children's Hospital". They all gave the same hospital to go to, as most of the doctors currently are from a "Children's Hospital" as well.

We move, we make the doctor's appointments with whom we were told to and on the first visit decided to make it easy and give said information paper to the new doctor, along with a list of the old doctors. The doctor thought it was great, and told us to make appointments with such and such doctor to get back on track with the specialists the kids had before. We complied and things continued as normal.

Since the Smog and Air Quality is significantly better in Northern CA then it is in Southern CA, some of the asthma medications were being decreased.

Thing were going great until my mom decided to become belligerent and want to start trouble. He was placed in a temporary "Group Home" until we moved into our permanent residence we were waiting for, which was about 6 months away. In the mean time, my brother started to completely act up to the point of causing harm to those still left in the house. He is a Regional Center Client and asked them for some help.

During this period, my brother was lying to his school about things and got Children Protective Services involved (CPS) and we told him that my wife takes care of my brother and according to the respite services. Things were dropped as the tension and abuse from my brother increased. We contacted the Social worker from CPS and the Case worker form his Regional Center to help find a different place for him as he was causing harm to us and also causing my wife and I to drift apart, dramatically.

Here is where the Bizarre stuff flabbergasted my wife and I.

At court about 2 weeks later, my mom and brother were the only ones allowed in the court room, each with their own appointed counsel. When it was all done with, my mom handed me the paper work on what happened and there were charges that my wife was taking him to too many doctors and forcing the doctor to give all these medications to help make him seem sicker than he is. I ask some of the people about how to fix this, and they said not to worry as we will be contacted by an investigator and will be able to defend ourselves. Weeks went one, we were never contacted, yes more bad things were being placed on us. Since they would only speak to my mom, the 3 of us (mom, wife and I) collaborated and I typed up some things on paper and gave it to my mom to give to her social worker and attorney. Since she doesn't ever do anything to help out, I asked that she have them sign it showing they saw it. My mom signed it, but she couldn't get the other 2 to sign it since they didn't agree with it.

Time goes on, and the same trouble and allegations we are being charged with, now start up on my step-daughter. She is removed from our care and placed in a foster home because the doctors are saying that we were fighting with them to get more medications then she needed, forcing her to be sick, making her sick by poisoning her or performing the Heimlich on her to damage organs and the list goes on and on.

From reports that we got copies of, many doctors are saying one thing to one person, and something totally different to someone else. Some statements also contradict what they said prior, and in other investigations.

Now the DA has the case as they are saying my wife and I collaborated this false list of diagnoses and medications to get sympathy and what not. They are also using that paper of information as their own diagnosis, instead of treating it as just the information on paper they ask at every single visit.

They are also bringing up that piece of paper I typed up and my mom signed. We were told that this paper was considered "Tampering with a witness" and that we forced her to sign it. I never forced her to sign it, as she knew I was making it and agreed to sign it herself. The only reason why it was created is because no one would take time out to listen to what we had to say since my wife and I are the bad guys in this. This paper of facts include things such as my wife never abused my brother (including physical - as were some of the charges, sexual, emotional, etc.), that my wife never had any medical "power" over my brother, she just took him to the doctor as my mom couldn't. Every time something needed to be done, my mom had to come to sign.

After 2 days in court and a further investigation, we are told that these criminal charges are being brought upon us and that we are not able to get our daughter back, ever. The weekly visitation is being shortened each week until it doesn't exist.

What do we do? We never asked for any medication. We only gave the medications that were prescribed by the doctors. We only seen the doctors we were told to see. If a lot of these were not needed, and unwarranted, then why did the doctors make the appointment and prescribe the medications? Why did the doctors order different tests and procedures if they were not warranted? Another thing that is contradicting things is my brother's doctors say they knew he was moving, yet our daughter's doctors say they didn't know she was moving. HELLO! The 2 kids had all the same doctors! Both kids were always seen in the same room, unless however it was personal and what not. The doctors that they would see together, at the same time were things like the ENT, the Neurologist, they Pulmonologist, etc. Never when there was any type of clothing removal, or physical, or other embarrassing moments.

No one wants to take into account that the air quality is way better up here, then down in Los Angeles, and that could be the reason why much of the asthma meds are not needed. Also, since our daughter has an immune problem, every time she is around sick kids at school, she gets sick for almost2 weeks. Now that school is over, and being in the foster home, she's not getting sick. They say he's thriving because she isn't on all this medication any more. Well, HELLO! She's not in school, she won't get sick. She always goes all summer without getting sick, unless she gets sick at camp, like last year. No one takes in account that we don't live in smog, school is out, etc.

Many of the doctors are lying and already have a bias against my wife and I due to the case involved with my brother. Same investigators, same social workers, same everything. We don't know what to do? We don't know what is going to happen. It doesn't help matters that the home we purchased is in a "Short Sale" losing about $100K, and that because of other issues, my mom has not been receiving her SSI since shortly after we moved up here.

Since I had some savings stored away, my wife was unable to get appointed counsel for our daughter, and had to pay out of pocket. We were both out of work due to the short time we have been here and the industry I work in. My savings is what is helping us survive. Great! we spend $20K to get our daughter back, but then can't live and pay bills anymore because they made us drain the account. What the #^&#?!?

Things are looking up for the better, my wife got a part time job doing things she did in the past before we were married, and I was the accepted candidate for a position in my field of work as well.

I feel we didn't do anything wrong, illegal, or detrimental to anyone.

Sorry for being so long, but I hope all your questions are answered here. Please help.

[panther10758]

Can you shorten that by about 1000 words? Its not liley anyone is going to read through that novel you wrote. by the way Northern CA is not a state

[Whooaahh]

I can, but it could cause a lot of questions. I will sit down with the wife and see how to shorten it.

Thanks

P.S. I know Northern CA is not a state, but things are done different in Northern CA and Southern CA, even though it's stil CA.

[aaron]

The present status of the various protective services investigations involving you and your wife is what?

Do you have a lawyer yet for the criminal charge? If not, you should get one.

[Whooaahh]

The present status of the various protective services investigations involving you and your wife is what?.

Still not sure exactly, it's all haszy to everyone.

Do you have a lawyer yet for the criminal charge? If not, you should get one.

Not yet, but we did not find out about this until around 6pm Friday night. Have to wait till Monday.