Finding Of Child Maltreatment Vacated by Court
While this is not something we do everyday, this was the continuation of a case that started in criminal court. It also shows the extent the government will go in an effort to get a client.
The client was originally charged with Reckless Child Abuse in criminal court. That case proceeded to trial and the client was found not guilty in approximately 5 minutes. That did not end the matter.
The county then decided that even though the client was found not guilty, they would move forward with a claim that the client was a child abuser. The client interacted with kids on a daily basis and was unwilling to accept this finding.
The case initially went to hearing. At the hearing every single witness who testified stated that what had occurred was an accident. Every witness. The Administrative Law Judge disagreed and found that the county had proven their case.
One thing we take pride in at this firm is the willingness to take the cases to places other firms are not, if necessary. So, we appealed the judge's decision. The case moved to the Wisconsin Department of Justice. Finally, an Assistant Attorney General took a look at the case and agreed with our position on appeal that the judge was wrong on the law. The government then moved to dismiss the case with prejudice. It cannot be re-filed and the client is finally free from the shadow the case had cast over him for so long.