Preliminary Hearing of CPS Investigation for OWI
Driving under the influence of alcohol and drugs is punishable by large fines, jail time, and license revocation in Michigan. If you’ve been accused of drunk driving, hiring a defense attorney is the best way to avoid potentially life-altering penalties. Your lawyer will make sure the facts of your case are in order and will aggressively fight on your behalf, putting you on track to receive a favorable outcome. Your attorney will also inform you of your legal rights, helping you avoid an unjust case result. If you’re a parent, you could also face a preliminary hearing of a CPS investigation. If the CPS caseworker believes you purposefully endangered your child or children, you could also face child abuse and neglect charges and potentially lose custody of your children. You’ll need a seasoned defense attorney to battle back.
At Grabel & Associates, protecting you and your family is our top priority. We’ll handle every aspect of your DUI case, including potential CPS investigations. If you’re already under investigation, call us as soon as possible. The more time we have to build your defense, the better your results will be.
Stages of a CPS Investigation in Michigan
When CPS receives word that you’ve been accused of driving under the influence and endangering your child or children, they will most likely open an investigation. Investigations typically consist of a home visit, interviews, doctor examinations, and an assessment of the family. If the CPS worker determines abuse or neglect has taken place, the case will be placed into one of four categories that will specify what action needs to take place next. Having an attorney on your side will limit your interaction with CPS, making it less likely that you will wrongfully incriminate yourself. It also shields your children, lessening the possibly of negative impact.
Your lawyer will advise you throughout the investigation and help you prepare by asking you questions before your interview and putting together a list of family and friends that would be willing to take your children in in case the CPS worker decides they need to be temporarily removed from your home. Having someone with experience on your side will save you from the shock that often accompanies CPS investigations. If you know what’s coming, you’ll be able to put your best face forward.
What Happens if CPS Finds You Guilty?
If CPS determines that serious action is required to protect your child, they must file a petition with the court. The petition could ask the court to order the family to cooperate with in-home services, order the accused to leave the home, or order that the child be removed from the home. In the most serious cases, CPS can petition to have parental rights revoked. If CPS has filed a petition to remove your child, the next step is a preliminary hearing. A preliminary hearing involves a formal review of the petition CPS has filed. If the child was already taken from your home because the caseworker believed they were in immediate danger, a preliminary hearing must happen within 24 hours. During the preliminary hearing, the judge will decide if there is enough information to warrant the removal of the child. There will be a trial, unless you enter into a plea agreement. If the judge agrees with CPS, the Petitioner will recommend a temporary home for the child. If you disagree with CPS’ suggestion, you can present your case.
A lawyer will guide you through the preliminary hearing portion of your CPS case and ensure all parties are actively seeking to have your family reunited. If you’ve already received an unfavorable result in your preliminary hearing, a lawyer can still assist you during your trial and offer guidance on how best to proceed.
Preparing for a preliminary hearing or trial can be nerve-racking. The Grabel & Associates team understands what is at stake and will aggressively work to earn you your desired results. We’ll explore every legal option to find the best outcome for you and your family. Simply contact us online to get connected with a member of our staff. The sooner you involve a lawyer, the better your chances are of being successful in and out of court.