If you ever need to hire an attorney to defend false allegations of shaken baby syndrome against you or a loved one, you need to obtain a qualified attorney who has experience handling these types of cases.  There are several different forums in which allegations of shaken baby syndrome are litigated, criminal, family or dependency court, and child abuse registry reports.  Each forum has a different burden of proof (Criminal is beyond a reasonable doubt, family court can be a preponderance of the evidence or clear and convincing evidence depending on the jurisdiction).  Ideally, not having criminal charges filed or getting criminal charges dropped without a trial is preferable to enduring the stress and anxiety of a criminal trial.  The same is true in family or dependency court, it is preferable to avoid the dependency petition, or to get it withdrawn without having to endure a trial, if that is possible.  Finally, though rare, allegations of shaken baby are litigated in child abuse registry expunction hearings.  Normally an expunction hearing will not be held if there was a dependency or criminal trial.  So, you may want to ask your prospective attorney in how many cases did they avoid criminal charges altogether or get criminal charges dismissed after arrest?  How many dependency petitions did they avoid altogether or get dismissed without a trial?  Of course you will ask how many cases of alleged shaken baby syndrome have they actually litigated as well.

The earlier you get a competent attorney involved, the better chance you have of avoiding criminal charges/ dependency petition altogether or getting the criminal charges/ dependency petition dismissed without a trial.  Sometimes the most important experience an attorney possesses is his/her experience in avoiding the criminal or family court trial.  In order to do that, an attorney must generally have prior experience specifically in shaken baby cases.

The vast majority of attorneys have never defended even one alleged shaken baby syndrome case.  Mr. Freeman has been involved in defending innocent parents and caregivers of false allegations of shaken baby syndrome  in over two dozen cases in five states and Canada and has defended false allegations of shaken baby at trial in 11 cases  including:

CRIMINAL:

Avoided the filing of criminal charges altogether in 9 cases.

Obtained dismissal of criminal charges after arrest without a trial in three cases.

Obtained not guilty verdicts in two criminal cases.

DEPENDENCY/ FAMILY COURT

Avoided the filing of a dependency petition altogether in two cases.

Obtained the withdrawal of dependency petitions without a trial in three cases.

Obtained complete dismissals and the immediate return of children to their parents after trial in four cases.

CHILD ABUSE REGISTRY

Withdrawal of child abuse registry reports in four SBS cases without a hearing.

Successfully litigated the expunction of an SBS child abuse report.

CUSTODY COURT

Successfully litigated an attempt by one parent to deny the other parent custody based on allegations of SBS.

Although Mr. Freeman has had a high degree of success in defending allegations of shaken baby syndrome cases in criminal and family court, these cases are extremely difficult and challenging.  Mr. Freeman has been successful in avoiding criminal charges for many clients and has, obtained favorable outcomes in criminal and dependency trials for many clients.   However, it should be noted that Mr. Freeman has not won every case and cannot guarantee the outcome of any case.

If you are in this situation, you may want to consult with Mr. Freeman about your case.  You can contact Mr. Freeman at mark@markdfreemanlaw.com or 1-800-580-0084.

This web page is for informational purposes only and does not constitute legal advice.   You should consult a competent attorney for your specific case.

Counties in Pennsylvania:

Adams County Lackawanna County
Allegheny County Lancaster County
Armstrong County Lawrence County
Beaver County Lebanon County
Bedford County Lehigh County
Berks County Luzerne County
Blair County Lycoming County
Bradford County McKean County
Bucks County Mercer County
Butler County Mifflin County
Cambria County Monroe County
Cameron County Montgomery County
Carbon County Montour County
Centre County Northampton County
Chester County Northumberland County
Clarion County Perry County
Clearfield County Philadelphia County
Clinton County Pike County
Columbia County Potter County
Crawford County Schuylkill County
Cumberland County Snyder County
Dauphin County Somerset County
Delaware County Sullivan County
Elk County Susquehanna County
Erie County Tioga County
Fayette County Union County
Forest County Venango County
Franklin County Warren County
Fulton County Washington County
Greene County Wayne County
Huntingdon County Westmoreland County
Indiana County Wyoming County
Jefferson County York County
Juniata County

Childline is a list of people suspected of abusing children and the federal government mandates that the Commonwealth of Pennsylvania maintain this list.  The county agency will send a report to Childline of suspected abuse and then has 60 days to complete their investigation and report to Childline whether the report is “indicated” or “unfounded.” Anyone who has been “indicated” for child abuse may request an expunction of that “indicated” status and the Department of Public Welfare (DPW) is required to give that person a hearing on the matter.  If there is a finding by the court in the dependency trial or criminal trial that any person did actually commit abuse, then the “indicated” report is changed to a “founded” report with DPW.  No one has a right to ask for a “founded” report to be expunged.

It is important to understand that you will not receive any trial or hearing BEFORE you are listed as an abuser on ChildLine, you will receive a notice that you already have been listed as a child abuser after the “indicated” report is made by the County case worker.  Then you will receive a notice that you can ask that the report be expunged.  If you fail to request that the report be expunged within the 45 day limit, you will be listed as a child abuser and will not be able to appeal the listing.  Without any trial or court proceeding, based on the investigation of the county case worker alone, you will be listed as a child abuser.  Being listed as a child abuser on ChildLine may impact your ability to obtain employment, particularly employment involving children, at a day care or school.  Being listed on ChildLine as an abuser may impact your ability to volunteer to coach a child’s athletic team, or to volunteer in child programs at church or elsewhere.

This webpage is provided for informational purposes only.  You should consult a competent attorney for legal advice on your specific case.  Mark Freeman practices law in Pennsylvania and New Jersey and can be reached at mark@markdfreemanlaw.com or 1-800-580-0084.

Counties in Pennsylvania:

Adams County Lackawanna County
Allegheny County Lancaster County
Armstrong County Lawrence County
Beaver County Lebanon County
Bedford County Lehigh County
Berks County Luzerne County
Blair County Lycoming County
Bradford County McKean County
Bucks County Mercer County
Butler County Mifflin County
Cambria County Monroe County
Cameron County Montgomery County
Carbon County Montour County
Centre County Northampton County
Chester County Northumberland County
Clarion County Perry County
Clearfield County Philadelphia County
Clinton County Pike County
Columbia County Potter County
Crawford County Schuylkill County
Cumberland County Snyder County
Dauphin County Somerset County
Delaware County Sullivan County
Elk County Susquehanna County
Erie County Tioga County
Fayette County Union County
Forest County Venango County
Franklin County Warren County
Fulton County Washington County
Greene County Wayne County
Huntingdon County Westmoreland County
Indiana County Wyoming County
Jefferson County York County
Juniata County

  • Mark Freeman is an attorney that got involved in defending those accused of shaking a child when a close friend was charged with child abuse for allegedly shaking his son.
  • After spending hundreds of hours investigating, reading medical journal articles and speaking with doctors from around the country about shaken baby syndrome, Mark confirmed with science what he knew in his heart, that his friend was innocent and that the doctors were wrong.
  • Since that first case, Mark has vigorously defended innocent parents of false charges of child abuse, regained custody of children for innocent parents and has defended innocent parents of criminal charges. Mark is now pursuing civil rights lawsuits in cases where false accusations of child abuse resulted in the violation of parents' civil rights.
  • Mark is licensed to practice law in Pennsylvania and New Jersey and consults with local attorneys in other states. Email Mark at mark@markdfreemanlaw.com or call Mark at: 1-800-580-0084