My question involves criminal law for the state of: West Virginia
Back in 2011 after 2 years of fighting charges of child sexual abuse to one of my children, my attorney used scare tactics to get me to plea No Contest to Child Abuse while allowing me to have contact with all my other children even though I knew I could beat the charges. I had previously beat the charges in the conjoined abuse and neglect case. After accepting the plea I tried to have the plea reversed but was turned down by the judge. Since that time the children had recanted while in foster care saying they were told to say that I had hurt the child in such ways.
The CPS worker admitted to lying in the original position as did the arresting officer both admitted on record in the abuse and neglect case. Even the doctors did not find anything. But due to the words of the attorney I took the plea. I am still on supervised release and even though I am not incarcerated I heard that there is a way I could still file a Hebeas corpus for ineffective council. What would be my best option with this if I even really have the option? Now even though I was able to prove my innocence in the abuse and neglect case they did find a way to use my conviction of as an abusive parent which came from the no contest plea to have my rights taken from me, which I did read some case law from the WV supreme court that the law stands against that practice and that the conviction should not have been able to be used.
What are my options with that as well? Can I attempt to regain my parental rights? My attorney had my sign them away before they were taken away. The abuse and neglect judge found that even though no wrong doing was done, (being that my attorney could not produce the case law which I found today about not being able to use the conviction) that it was not in the best interest of the children to be in my custody. So not only was I lied to, in order to take the plea but I didn't even get what I bargained for.
Back in 2011 after 2 years of fighting charges of child sexual abuse to one of my children, my attorney used scare tactics to get me to plea No Contest to Child Abuse while allowing me to have contact with all my other children even though I knew I could beat the charges. I had previously beat the charges in the conjoined abuse and neglect case. After accepting the plea I tried to have the plea reversed but was turned down by the judge. Since that time the children had recanted while in foster care saying they were told to say that I had hurt the child in such ways.
The CPS worker admitted to lying in the original position as did the arresting officer both admitted on record in the abuse and neglect case. Even the doctors did not find anything. But due to the words of the attorney I took the plea. I am still on supervised release and even though I am not incarcerated I heard that there is a way I could still file a Hebeas corpus for ineffective council. What would be my best option with this if I even really have the option? Now even though I was able to prove my innocence in the abuse and neglect case they did find a way to use my conviction of as an abusive parent which came from the no contest plea to have my rights taken from me, which I did read some case law from the WV supreme court that the law stands against that practice and that the conviction should not have been able to be used.
What are my options with that as well? Can I attempt to regain my parental rights? My attorney had my sign them away before they were taken away. The abuse and neglect judge found that even though no wrong doing was done, (being that my attorney could not produce the case law which I found today about not being able to use the conviction) that it was not in the best interest of the children to be in my custody. So not only was I lied to, in order to take the plea but I didn't even get what I bargained for.
Court Proceedings: Can You Reverse a Termination of Parental Rights Over Abuse Allegations
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