Charged with 5 counts of Child Endangerment 2nd degree felony, jail or probation?

Asked 7 months ago - Pittsburgh, PA

My two year old daughter got out of the house while my wife and I were home (I was getting ready for work, she was making dinner); after searching for my missing daughter around the house I went straight to the police station and arrived at the same time as the woman who found my daughter outside our house. CYS and the Police came to my house, two rooms of the second floor had cat poop all over them. The kids were ordered to stay with my parents for the night. Neither my wife nor I were arrested. CYS returned to our house a few days later after we had cleaned it and said the kids could return to our custody. We have 5 kids here. Today in the mail we receive papers from the police charging us with 5 counts of child endangerment 2nd degree felony. No prior record. Jail or probation?

Attorney answers (4)

  1. Robert C. Keller

    Contributor Level 20

    5

    Lawyers agree

    Answered . The most important question is whether a crime was even committed. It is very important that you both retain experienced criminal defense attorneys. If you cannot afford private lawyers, then apply for a public defender. There are many implications to a conviction so retain a lawyer immediately. Good luck.

  2. Thomas J. Wagner

    Contributor Level 19

    5

    Lawyers agree

    Answered . isn't it premature to ask about potential sentences when you haven't been convicted or even had a preliminary hearing. If you have accurately set forth the facts, I have serious doubts that there is sufficient evidence to get past a preliminary hearing let alone convict. Hire two seasoned criminal defense attorneys. And fight these charges.

  3. Daniel M. Myshin

    Contributor Level 17

    4

    Lawyers agree

    Answered . More information is needed to provide an intelligent answer to your question. I agree with Mr. Keller. You and your wife need to hire separate experienced criminal defense attorneys for each of you immediately. After a complete review of possible defenses and suppression motions, your attorneys can develop a complete defense strategy. Good luck.

  4. William A. Jones Jr.

    Pro

    Contributor Level 20

    3

    Lawyers agree

    Answered . I'm in general agreement with what has been said thus far. I write separately to add the following observations. First of all, Endangering is graded as either a Misdemeanor 1 or a Felony 3. The felony grading is only appropriate where the Commonwealth can demonstrate an "continuing course of conduct" endangering the children. There would need to be other evidence that I'm not seeing here to support that allegation. My suspicion is that there are other facts not revealed in this post. On the one hand that's a good thing as this is a public website. All of the surrounding facts and circumstances need to be examined by a qualified criminal defense attorney in your area. Most of the lawyers who participate here, myself included, will provide you with an initial consultation at no charge. Take advantage of that opportunity to speak privately with one or more suitable attorneys about this situation. Good luck.

Can't find what you're looking for? Ask a Lawyer

Get free answers from experienced attorneys.

 

Ask now

28,414 answers this week

3,069 attorneys answering

Ask a Lawyer

Get answers from top-rated lawyers.

  • It's FREE
  • It's easy
  • It's anonymous

28,414 answers this week

3,069 attorneys answering