ACS Attorney Services
Your Rights
Both the US and New York State Constitution provide rights to those accused of a crime or under investigation.
The right to remain silent is one of the most important rights and it is often overlooked.
If a law enforcement official questions you, a natural response is to defend yourself and explain your side of the story to demonstrate your innocence. Do NOT make this common mistake.
The police and ACS have one job – which is to arrest people. The prevalent attitude is to arrest anyone who admits anything and let the courts sort it out. For this reason it is important that you do NOT speak to officers if you believe they are there to conduct an investigation.
Another important constitutional right is the right to an attorney. Criminal charges are a serious matter and you should obtain the best possible criminal ACS defense attorney that your resources allow. You need a caring attorney who will pay attention to the details of your case. An experienced attorney will review evidence and negotiate with the prosecution before the case reaches trial.
The justice system guarantees the right to a fair trial. The jury should be comprised of your peers. You also have the opportunity to testify on your own behalf if you choose to. Prior to testifying you should consult with an experienced ACS attorney who specializes in defending your rights in ACS cases.
Aggressive and Experienced ACS Attorney
The Law Offices of Michael S. Discioarro, LLC, will defend your rights!
If you require an ACS attorney call 917-519-8417.
Queens ACS Attorney Fights ACS Charges
In New York City each year more than ten thousand people are falsely accused of some form of child abuse. In our experience, these false charges typically come from various sources and are often filed for various reasons.
One source is from the child themselves. Children may seek attention from a parent, or to cover up their bad behavior. Children will also make these false allegations to “get back” at someone they do not like or if they feel that they have been treated unfairly.
Another common reason to fight false child abuse charges is during a divorce or custody battle. One parent may encourage the child to make false charges against the other parent to help them in court.
The police and ACS are often guilty of producing false charges in order to please their bosses or try to avoid negative press. ACS has admitted that they fell asleep on the job when a child died under their supervision. In the words of one ACS worker ” There is no penalty for wrongfully removing a child from the home”. The vast majority of ACS investigations are quick interviews with the parent that are not recorded in any way, and are done in a way for the ACS worker to try and find something wrong with the family. The entire ACS bureaucracy is designed to protect the ACS workers job, children’s health and welfare is a distant second.
It is important in these types of cases to have an ACS attorney that will fight these charges at every step and fully investigate the case. If you have been falsely accused of child abuse by either ACS or the NYPD, contact The Law Offices of Michael S. Discioarro, LLC and let us fight for you. You can fight back with the help of a qualified attorney.
If you receive a call or visit from an ACS worker politely explain that you would like to speak to your attorney first.
At The Law Offices of Michael S. Discioarro, LLC. , Mr. Discioarro will personally work on your ACS case. ACS defense is not a sideline, as it is in some firms. We focus exclusively on ACS cases and have years of experience successfully defending hundreds of clients in Queens. Types of ACS cases we hare defended include:
- False ACS Charges
- Child Sex Abuse Charges
- Child Neglect Charges
- ACS Investigations
- Endangering the Welfare of a Child
If you need a powerful ACS attorney in Queens that specializes in fighting false ACS charges it is important that you find the right lawyer to fight for you. Not all attorneys are identical when it comes to ACS cases that involve children. You must find a attorney that is a skilled negotiator and also has powerful ability in a courtroom setting. With the exceptional legal qualifications of Queens child abuse defense lawyer Michael S. Discioarro, your case will be fully reviewed and evaluated to determine the best course to protect you. All evidence must be thoroughly investigated and all aspects of law enforcement procedure must be evaluated.
If you need to fight an ACS case call Queens ACS attorney Michael Discioarro. 917-519-8417 24 hours a day – 7 days a week.
Queens Family Court Attorney
What Is a Child-Protective Proceeding?
When a child less than eighteen (18) years of age appears to have been abused or neglected a petition may be filed by a child-protective agency that asks the Family Court to assist in protecting the child. The child-protective agency is the Administration for Children’s Services (ACS). The court will then hold a hearing to decide if the allegations are true and if so, what action the court should take to protect the child.
What If The Child Has Been Removed From A Home By The Police Or An Agency?
At the time the petition is filed in Family Court, the child may already be in foster care after an emergency removal from his or her home by the agency or the police. (This removal may be done with or without a court order). Regardless of whether the child has been removed from home with or without the parents’ consent, the parents may ask that a court hearing be held within a short period of time to see if the child may return home until a full hearing on the allegations is completed.
Do Parents Need Attorneys to Represent Them?
The parents or guardians against whom the petition is filed, called the “respondents”, may hire attorneys to represent them in court, or ask the court to assign attorneys at no cost if they cannot afford to hire their own. Each respondent must have a separate attorney. An attorney is also assigned to represent the child; this attorney is called the Attorney for Child.
How Do Court Cases Begin?
The petition and a summons must be served upon (delivered to) the parents or other persons legally responsible for the child’s care to allow them to come to court and hear the case against them, and to present a defense. If the persons named in the petition are not the child’s parents, but some other persons who are legally responsible for the child, then the parents must also be served with court papers so that they may appear in court if they wish to request temporary or permanent custody of their child. In some cases, other close relatives of the child may also appear in court.
What Happens At The Fact-Finding Hearing?
The court holds a fact-finding hearing to decide whether the child has been neglected or abused and a dispositional hearing to decide what should be done if the court finds that the child has been neglected or abused. At the fact-finding hearing, the child-protective agency may present hospital and agency records, photographs and other evidence of neglect or abuse, and may produce witnesses. If appropriate, the child may be called as a witness. Sometimes young children may be seen by the judge in chambers (the judge’s office) instead of in the courtroom. The respondents have the right to cross-examine the witnesses and challenge the evidence produced in court, and to present their own witnesses and evidence.
What Happens After The Fact-Finding Hearing?
If the court finds that the allegations have not been proven:
- The court will dismiss the petition and return the child to his or her home.
If the court decides that the child has been abused or neglected:
- A dispositional hearing will be scheduled so that the court may consider what to do in the best interests of the child.
Before the dispositional hearing, if the child has not already been removed from the home and the court finds that removal would be best for the child, the child will be removed and remanded to the agency’s custody. The child may be placed in foster care or with other suitable persons until the court makes its final disposition.
The court then orders an investigation of the child’s home and family by the Administration for Children’s Services or the Probation Department. In some cases, the court orders an evaluation by the Mental Health Services. Reports are prepared to help the judge decide how best to protect the child.
What Happens At The Dispositional Hearing?
At the dispositional hearing, the court hears testimony and reviews reports recommending what should be done for the child. Possible dispositions include:
- Releasing the child to the parents or guardian, on the condition that they not commit further neglectful or abusive acts; or
- Releasing the child to the parents or guardian, with supervision and services provided by child-protective agencies; or
- Placing the child in foster care for a period of time, while services are provided to the parents to allow for a possible return of the child at a future date; or
- Final order of protection (may be until child’s 18th birthday); or
- Suspended judgement (12 months).
A child may be placed in foster care for a period of up to one year. The court has continuing jurisdiction, the child remains legally placed until each permanency hearing is complete and permanency is achieved. All cases of children placed out of their homes must remain on the family court’s calendar until permanency has been achieved. The court must pre-schedule all permanency hearings.
What Happens At The Permanency Hearing?
The first permanency hearing must be be held 8 months after child is placed and every 6 months thereafter. ACS is required by law to send notice and a sworn permanency hearing report 14 days prior to the hearing, to the parties and their attorneys, Attorney for Child, agency, relatives caring for the child and pre-adoptive parents. The court must determine the appropriateness of the agency’s permanency plan. Also, the court must determine if the agency is making reasonable efforts to effectuate plan.
Family Court Attorney
At The Law Offices of Michael S. Discioarro, LLC. , Mr. Discioarro will personally work on your case. Criminal defense against ACS charges is not a sideline, as you will find with many law firms. Your ACS attorney should focus exclusively on your case and have many years of experience in successfully defending clients in Queens New York.
Facing criminal charges is a disturbing and frightening situation. Your future is at stake, and this is NOT the time to take chances. When seeking an ACS attorney, you want a lawyer that will make your case a priority and will aggressively fight for your freedom. The legal team at The Law Offices of Michael S. Discioarro,LLC is relentless in their research of your case and in bringing forward a compelling and complete defense.
If you are seeking a powerful child abuse defense attorney in the New York City area, it is important that you choose the right lawyer to fight for you. Not all attorneys are equal when it comes to criminal defense cases. You must find a lawyer that is a skilled negotiator and also has powerful ability in a courtroom setting. With the exceptional legal qualifications of NYC Child Abuse Defense Attorney Michael S. Discioarro, your case will be fully reviewed and evaluated to determine the best course of defense to protect you. In any criminal case, all evidence against you must be thoroughly investigated and all aspects of law enforcement procedure must be evaluated. Law enforcement has strict rules in arrests, and if any of the proper procedures have been violated or neglected, this can create openings for court challenges. Successful court challenges can mean that certain evidence is suppressed. In many cases in the past, the charges have been dismissed or reduced based on incorrect law enforcement procedure.
If you are arrested for child abuse, child neglect, or child sex charges contact the law offices of Michael Discioarro – Call 917-519-8417 24 hours a day – 7 days a week.
ACS cases in Queens are handled by the Queens Field office located at:
Queens ACS Borough Office
165-15 Archer Avenue, 4th Floor
Jamaica, NY 11433
Phone: 718-557-1745
If you have a pending ACS case in Queens, contact The Law Offices of Michael S. Discioarro,LLC at 917-519-8417 24 hours a day.
Child Custody Attorney
Child custody cases are a complex area of law. The guardian with legal custody has the right to make important decisions about a child’s care in areas like school, medical care and religious upbringing. If a judge grants joint legal custody, the parents make major decisions about the child together. It does not matter which parent the child lives with – both parents must agree on the decisions together. If the judge gives one parent sole legal custody, only one parent has the right to make major decisions for the child. Whoever has physical custody – also known as residential custody – is responsible for the actual physical care and supervision of a child. If a judge grants joint physical custody, the child lives with each parent for an equal amount of time. If a judge grants sole physical custody, the child lives with this adult more than 50% of the time and this person is the custodial party. The noncustodial party will often have visitation rights that may be subject to conditions.
Call child custody attorney Michael Discioarro. 917-519-8417 24 hours a day – 7 days a week. Retain an experienced attorney to help you win child custody cases in Queens.
If you need a Brooklyn ACS Attorney please visit https://brooklynacslawyer.com/