Being accused of child abuse in California is no small matter. You might assume that the matter has been blown out of proportion, but be prepared to step up and defend yourself because these kinds of allegations are taken seriously.
Even though your rights should be that you’re innocent until proven guilty, this is sadly not always the case with child abuse. It’s common to feel as though you bear the entire burden of proof to show that you’re innocent in a case where the cards feel stacked against you following your CACI hearing.
A CACI hearing is a nerve wracking process in and of itself, and the outcome of it might lead you to be interested in filing an appeal. Understanding how to proceed with your CACI hearing appeal is important with the help of your criminal defense attorney.
The CACI hearing is a Child Abuse Central Index grievance hearing. If you recently lost this hearing, you do have an option, which is to appeal it by way of what is known as a petition, as a writ of administrative mandate. You only have 90 days from the date that CPS made their final decision in your CACI hearing.
Three months is all you’ve got so you need to retain your Orange County criminal defense attorney right away to help you with this process. You have 90 days from the date that the final decision was signed by the director of the department of that agency in your county. This is a formal petition that is not asking for a new grievance hearing or a new trial. This means that you do not have an opportunity through your CACI appeal hearing to present new evidence or to call the same or new witnesses.
Instead, this is a judge’s opportunity to look at the hearing transcript, look at photographs and documentary evidence and to make a determination as to whether or not the county made the right decision in your case. It is imperative to have an Orange County criminal defense attorney to help you with this process.