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HOW ACS VIOLATES THE RIGHT TO COUNSEL

The right to an attorney is embedded in our constitution both state and federal. In fact, New York law protects this right even more strongly than federal law. Federal law only sets a floor for constitutional rights, states can give more rights if they want to. Thus, a person represented by an attorney may not be questioned by anyone without his attorney present.

ACS workers believe that this does not apply to them. Countless times our office is told by ACS workers that the client must speak to them and it does not matter that they have an attorney. We do not know where this thinking comes from but it is wrong and cannot be allowed to cintinue. You will hear from an ACS worker that "we don't talk to lawyers." This is correct, acs workers do not speak to attorneys. So why should a client represented by an attorney speak to an ACS worker? The reason is that ACS workers want to try and find something negative about the parents that they can then turn around and use against the parent in court. It is a dangerous game with children's lives at stake. Do not fall victim to the ACS tactics. You can learn more here.
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