You would have more rights in criminal court than you do in dependency. Some examples:
1.If you are charged in a criminal case and you request a lawyer you are immediately provided with one.
a) In dependency the Social Workers interview parents without any right to an attorney and if you request one, they will remove your children (if they haven’t done that already).
1.Once charges are filed in a criminal case you know what you are facing and if they can’t prove the charge as it is written, then you are acquitted.
a) In dependency, if they don’t prove the allegation as written, the judge can ‘…conform it to the proof’ offered at trial and rewrite the allegation.
1.At a criminal trial, hearsay is for the most part not going to be admitted as evidence.
a) In dependency there is an exception in Welfare and Institutions Code that allows for almost all hearsay to be admitted, at least that generated by DCFS.
1.In criminal court the prosecution must turn over all evidence in a timely fashion.
a) In dependency, you can be presented with evidence on the day of trial and you have to deal with it, even if you object.
1.In criminal court the prosecution must notify you of all witnesses being called, and do so well in advance of the trial.
a) In dependency, you can be presented with the County’s witness list on the day of trial and you have to deal with it, even if you object.
1.In a criminal trial you have the right to a trial by jury of your peers.
a) In dependency you only get the judge or commissioner or referee.
1.In criminal court there is the prosecution and the defense.
a) In dependency there is County Counsel (prosecution), minor’ counsel, and counsel for the other parent. You can find yourself in trial with ALL of them against you.
1.Finally, the burden of proof in a criminal matter is beyond a reasonable doubt.
a) In dependency the burden of proof is a preponderance of the evidence, or ‘more likely than not.’ Not really much of a burden for the County Counsel.
The lesson here is be prepared for the fact that the system is HEAVILY weighted against a parent in dependency court. Although you may be appointed an attorney by the court, consider whether or not that attorney will provide you with the best representation possible, because you’re going to need it!
