Kidnapping Child by a Relative (3 counts) - District Court - Dismissed

By order of the Juvenile Court Ms. T's 3 young children - ages 6, 5, and 1, were placed into the "temporary custody" of the Department of Children and Families (DCF). Following the order the police and DCF workers drove immediately to Ms. T's apartment. No one was home. Unbeknownst to the police and DCF, Ms. T was living in a homeless shelter as they had been recently evicted. Her children were staying with other family members. While the police and DCF searched for Ms. T and her children, Ms. T was at work. At approximately 6am, towards the end of her shift, Ms. T was approached by the police and DCF. They demanded that Ms. T disclose the location of her children. Ms. T refused to do so. In response Ms. T was arrested, brought to court, and charged with 3 counts of Kidnapping a Child by a Relative. Attorney Henry Fasoldt stepped in to represent Ms. T. He vigorously objected to her being held and asked that the case be dismissed and that she be released on her own recognizance (not be held in jail). His requests were denied, the judge set bail at $50,000. However, the case was continued for one day in order to show the court that the children were not in any harm. Ms. T's family-law attorney assisted Henry in locating the children. The next day Ms. T was brought back to court; the bail was reduced to personal recognizance. Two months later the case was dismissed after Henry's "Motion to Dismiss" was allowed by a judge. Henry successfully argued that there was no probable cause to believe that Ms. T knew about the Juvenile Court order that gave temporary custody to DCF, nor was there probable cause to believe that Ms. T did anything to hide her children from DCF.