I Really Need Some Help...please Someone!

If you posted a query at legalmatch.com no one here can see it. If you have a question (as opposed to trying to find an attorney to hire) post it here.

No one here knows what happened before this 'update'. Start at the beginning and post what came before this 'update', please. I REALLLLLLLLLLY want to hear this.

[font="Comic Sans MS"][size="3"]Well it seems as though I really pulled a good one by not even posting a link to my situation in order for those who wanted to know the complete case could visit the page where it was posted as of 8-15-08.....Allegations of sexual abuse on minor made 6-17 by Guardian. 13yo G'son w/ bruised testicles/rectal fissures. Investigation ongoing since then by BCSD & DSS.No arrests/ charges filed.DSS told by Officer to put me on Responsible Persons Registry.DSS closed out their file 7-30. Letter to me 8-4 w/ procedure to have name taken off. Alledged victim is moderate MR w/terminal illness. History of SIB to groin/rectal area known by family,school, & Drs w/ yrs of documentation.Interview w/victim by BCSD detective, DSS case worker, & physician took place week of 6-16. Victim stated abuse occured at my house in Swannanoa 6-13, yet he has never been to my house. Receipts on Debit Card prove victim & me in Elizabethton TN 6-13. Officer was told this during the 1st interview w/ me. Poligraph volunteered by me 7-21. Failed. No contact from BCSD since then.Other staff confirmed numerous observations of SIB to officer via e-mail & phone 7-25. Officer told other staff 7-25 that info to be given to DA to close investigation as there was no real proof of allegations, & extenuating circumstances did exist. Officer will not return my calls re: status of investigation. My employer, Easter Seals-UCP has me on inactive employee list til name is removed from Registry.Last payday was 6-30.All funds exhausted.Sister loaned me $500 one time only.No more! Charities pledged one time assistance for 7-08 bills/meds. I have no monies, & am at end of rope! MY ISSUES:1.AM I ALLOWED TO VIEW ANY DOCUMENTATION OF ALLEGATIONS SO I CAN REFUTE2.AM I ALLOWED TO KNOW STATUS OF INVESTIGATION3.EARLIEST TIME NAME CAN BE EXPUNDGED IS 45 DAYS-75 LONGEST 4. FILING W/ ESC FOR UI CAN START ONLY AFTER NAME CLEARED. TO QUIT PRESENT EMPLOYER WOULD NULLIFY CHANCE FOR UI MONIES. 22YRS UNBLEMISHED WORK RECORD NEGATED/RUINED BY ALLEGATIONS. DIFFICULT TO START OVER AT 55YO6 ANY POSSIBILITY OF RECOURSE AGAINST MALICIOUS PROSOCUTION/ UNPROVEN/UNFOUNDED ALLEGATIONS?...
Another thank you goes out to Grace for making me aware of my mistake!
IC

These are just my preliminary random thoughts after a cursory reading of your posting. If you want to provide more information, I can be more precise.

Well it seems as though I really pulled a good one by not even posting a link to my situation in order for those who wanted to know the complete case could visit the page where it was posted as of 8-15-08..(perhaps you posted it in the area of LegalMatch designed to match clients with prospective attorneys?)...Allegations of sexual abuse on minor made 6-17 by Guardian. (made against who? You? Who is the guardian?)13yo G'son w/ bruised testicles/rectal fissures. Investigation ongoing since then by BCSD & DSS.No arrests/ charges filed. DSS told by Officer to put me on Responsible Persons Registry.(they register possible suspects? or is this just a list?) DSS closed out their file 7-30. Letter to me 8-4 w/ procedure to have name taken off. (what was the procedure and did you follow it?)Alledged victim is moderate MR w/terminal illness. History of SIB to groin/rectal area known by family,school, & Drs w/ yrs of documentation.Interview w/victim by BCSD detective, DSS case worker, & physician took place week of 6-16. Victim stated abuse occured at my house in Swannanoa 6-13, yet he has never been to my house. Receipts on Debit Card prove victim & me in Elizabethton TN 6-13. (are you sure it doesn't say with you, as opposed to physically at your home? Have you actually read a document with this on it, or is it just hearsay? And, how did you get in such and such a town together? You picked him up? )Officer was told this during the 1st interview w/ me. Poligraph volunteered by me 7-21. Failed. (You failed the polygraph?? How did you find out you failed?What questions did they ask, and why do you think you failed?) No contact from BCSD since then.Other staff confirmed numerous observations of SIB to officer via e-mail & phone 7-25. Officer told other staff 7-25 that info to be given to DA to close investigation as there was no real proof of allegations, & extenuating circumstances did exist(A police officer does not make determinations or recommendations to the DA-- and if he does, realize he has no authority to do so. He INVESTIGATES--the result of that investigation is the responsibility of the DA or grand jury). Officer will not return my calls re: status of investigation. (he doesn't have to). My employer, Easter Seals-UCP has me on inactive employee list til name is removed from Registry.Last payday was 6-30.All funds exhausted.Sister loaned me $500 one time only.No more! Charities pledged one time assistance for 7-08 bills/meds. I have no monies, & am at end of rope! MY ISSUES:1.AM I ALLOWED TO VIEW ANY DOCUMENTATION OF ALLEGATIONS SO I CAN REFUTE (If you are charged with a crime, you will be told of the charges against you at the time you are arrested and/or arraigned, and you will be provided with any and all evidence against you during the discovery phase of the trial. Until that time, they are under no obligation to provide that information to you since you aren't being charged at this time. )2.AM I ALLOWED TO KNOW STATUS OF INVESTIGATION (if you haven't been charged with a crime, you are not entitled to updates on the investigation--it would be nice of they cooperated and provided you with that information, but there is no constitutional law that states otherwise. )3.EARLIEST TIME NAME CAN BE EXPUNDGED IS 45 DAYS-75 LONGEST(Where did you get this information? Your name cannot be expunged if you have not been charged, tried and convicted in order for it to be ON your record in the first place.) 4. FILING W/ ESC FOR UI CAN START ONLY AFTER NAME CLEARED. TO QUIT PRESENT EMPLOYER WOULD NULLIFY CHANCE FOR UI MONIES. 22YRS UNBLEMISHED WORK RECORD NEGATED/RUINED BY ALLEGATIONS. DIFFICULT TO START OVER AT 55YO6 ANY POSSIBILITY OF RECOURSE AGAINST MALICIOUS PROSOCUTION/ UNPROVEN/UNFOUNDED ALLEGATIONS?...
Before you are able to bring a suit for malicious prosecution, you must actually be prosecuted.

A malicious prosecution suit rests on a finding by the court of "not guilty" and it is this "not guilty" result that forms the basis of a malicious prosecution action. You must then prove that the proceeding was for an improper purpose and without probable cause.

The malicious prosecution or action must be shown to have been groundless, either by your acquittal or by a final judgment in your favor in a civil action. Dropping charges is neither an acquittal nor a final judgment in your favor.

Having charges dropped does not make you "not guilty" of the charges. It may mean only that the prosecutor did not have enough evidence at that particular time to support the charges or it may mean that charges are being reworked.

I think you would have a very difficult time proving malicious prosecution without a finding of no guilt.

The answer to your other posting is that police officers are under no obligation to be truthful. The old good cop, bad cop routine is entirely legal. He may be misrepresenting the information against you, to see if you will 'fold'.

Have you tried legal services? often times they offer low cost or even free services to those who qualify.

And, no, there is no DNA test to prove that you did or did not grab someones testicles and cause bruising.

A document you ARE entitled to at this point is the original police report. Have you gotten a copy of that yet?

Hi Grace...
You said a mouthful! Once again, many thanks & lots of appreciation are sent your way! I'll get back to ya by tomorrow evening as I desperately need to get some type cash flow up & running now! Have a great Wed...

IC

[font="Comic Sans MS"][size="3"][color="Indigo"]HI GRACE...Lemme see if I can answer yourquestions...yes, I posted my situation in the area ya stated...am still hoping I can get w/ a lawyer.Allegations of sexual abuse were originally made by the G'mother, who is the Guardian, & they were made against me.I do believe the Responsible Person List is THE LIST.iN nc, It makes no difference in NC whether its allegations, charges, or convictions that go against someone as their name goes on the List.I have the opportunity to have my name expunged by sending a letter to the Dir asking her to remove my name, & why I think it should be taken off. She has 15 days from when she receives my letter to remove it or not. My receipt shows that she got my letter on the 13th of this month, & if I don't hear from her by the 28th, that is to tell me she didn't remove my name, & for me to begin the 2nd phase, which is submit a letter to the DA, & then wait from 1-30 for his reply. Should he not remove it,then I go before the court w/ the same request, & they have 30 days to answer.The letter I received from DSS doesnt say at what point my appeals stop, but I would say after the third appeal,my name would remain a permanent fixture.I was told by the detective that victim stated my house specifically. Please remember that he was coached as what to say by G'mom, & she thought that we came to my house as I hadn't told anyone where we went on 6-13 until the next day while discussing my being fired by G'mom that afternoon. No allegations were made until Sun AM when the G'mom reportedly discovered the bruisesm & that's when the hardcore coaching begin by her, & witnessed by the staff working opposite me! My summer hrs were 8A-12A wk'days, & opposite staff would be w/ him 8A Sat thru 8P on Sunday. She always took him home for the entire wk'end as G'parents were in Cherokee at Harrah's. Her husband was also listed as a caregiver, & they have 2 sons that client could play video games with...all clients have a Tx Plan created by "a team" consisting of in theory staff, family,& cse mgr of a broker agency, & w/ in these plans have certain goals. My client had personal assistance goals, & one goal states that my client is to have assistance w/access to the community, & the G'mom was a big proponent of this as client would be away from the home most of his waking hrs. I arrived at client's hse Fri 8A, let him sleep another hr, & then started the tasks of giving meds, formula, shower PRN, b'room,dressing, & then the community...even if it meant just driving. From his residence, we could be in TN in app 45min-hour, go "shopping" for several hrs, eat, & head back to his house to prepare for bed at 6:30P. We went on an impulsive decision by me as I felt like he would enjoy the change of pace, & he did! On 7-21, a polygraph of 10 yes/no questions were given to me, & 4 of them were specifically about the victim, another 4 about *** in general, & 2 were of no real value (Is this July,etc). I found out that I had scored -8 by the polygraph guy, & that was it. Some questions: Have you ever done anything sexually that you were ashamed of? Have you ever fondled (victims name) testicles? Are you 100% sure that every question asked has been answered honestly? I probably failed the general questions as they were so broad in scope, but the results were never discussed, & I never saw them! The detective told me that he could close the investigation, pass it to the DA w/ a "green light to proceed", or pass it to the DA w/ a "caution light" to do as he saw fit...the same thing was told to the other staff. Once again re: when evidence against me is made aware to me pretty well stinks as I take it that any character witnesses are to be hastily notified to take time to appear in court on my behalf. Is there a set period of time for me to gather what I need for court? As stated earlier: even allegations get your name placed on list in NC. OK, maybe I shouldnt proceed w/ "malicious prosecution", but how about character slander w/ mal-intent? The G'mom made the original allegations knowing that I didnt do anything, & then coached the victim w/ what to say! Having been "fired" so as to have the G'mom's daughter start work w/ victim These false allegations have kept me out of work from 6-14 to 7-21, & then after the poligraph & name being put on List because I failed it, no work 'til all is closed out! FYI...Medicare made it a law that no family member could bill for services, & yet G'mom somehow got her daughter hired on w/ another agency since Easter Seals severed their contract w/ G'mom, & daughter just came out of Fed Prison the latter part of May,after 5 yrs for bank robbery & is still on probation!
UPDATE: My supervisor called me Tues to state that victims biological dad "was looking for me" as he had gone to the business of other staff's husband & demanded to be told my address as he "was going to take matters into his own hands since BCSD was taking too damn long getting anything done".And...another parent of a former client of mine got an anonymous phone call from a male stating that "I had been caught having *** w/ a minor" The biological dad is a known crackhead & pusher who just got out of Fed Prison as his sister last March after 5 yrs for selling crack & insitutional violence! Is this not malicious behavior? Other staff happened to be w/ husband when approached by dad, & called it in to our supervisor as it was taking place. Supervisor & me contacted the detective via phone...OK, am gonna close out for now in hopes of getting your questions/concerns clarified...I welcome all responses!
IC