Disturbing the Peace: When CPS Cases Become Criminal Cases | Mitch Krems – Part 2

When can a CPS investigation turn into a criminal case, and can statements made in dependency court later create problems for a parent in criminal court?

In Part 2 of “Disturbing the Peace,” Legal Vixen host and trial attorney Karren Kenney continues her conversation with Orange County attorney Mitchell “Mitch” Krems about the complicated intersection of CPS investigations, juvenile dependency proceedings, restraining orders, and criminal defense. Karren and Mitch discuss what happens when CPS and law enforcement are investigating the same conduct, the strategic problems attorneys face when proceedings overlap, and why testimony or statements made in one case may have consequences in another.

The conversation also turns to Mitch's representation of a father facing felony child-endangerment charges arising from an Orange County e-bike/e-motorcycle case and the broader question it raises: When should parental decisions become a criminal matter?

Topics include: • When CPS investigations overlap with criminal investigations • How dependency proceedings can affect a criminal case • Protecting a client's rights when multiple cases are pending • Domestic violence cases involving both CPS and law enforcement • Child Abuse Central Index (CACI) proceedings • The consequences parents can face even without a criminal conviction • The Orange County e-bike/e-motorcycle prosecution • Parenting, discipline, and potential criminal liability • When parental conduct crosses the line into alleged child endangerment • Criminal defense strategy and dealing with prosecutors • Jury selection and the biases prospective jurors bring into court • Why due process and the right to counsel matter • The differences between criminal, civil, family, and dependency trials • How family court proceedings can create unexpected legal consequences

Karren and Mitch also trade courtroom stories and discuss jury selection, trial strategy, difficult clients, family law disputes, and some of the unusual situations attorneys encounter when one legal problem spills into another. Where should the line be drawn between protecting children, parental responsibility, and criminal prosecution?