In texas will i be arrested for neglect if the case is closed?

Asked over 1 year ago - Killeen, TX

our son was hit and killed by a car when i had my back turned for a split second. he was 20 monthes old... we were completly sober...my son was just so fast...texas cps says the case is closed and that we will not hear from them again.but that they have "reason to believe there was neglect"..im scared that i will be arrested anyway...

Attorney answers (4)

  1. Richard Kurt Arbuckle

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    Contributor Level 18

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    Answered . I have changed the practice area to criminal law, so lawyers who practice in that area can answer. I would say you need to hire a lawyer now who can advise you properly. What the DA might do depends on the facts, but criminal charges cannot be based on nothing more than "belief." So go over the facts with a board certified criminal lawyer, and you will be able to get the answers to make you feel less afraid. I am sorry for your loss.

    This is not legal advice. You should always discuss the specifics of your issue in person with an attorney. Be... more
  2. David M Blain

    Contributor Level 11

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    Answered . Let me first say that I am so sorry to hear about your son. That is truly a tragic event and I can't even imagine the pain and the loss that you must be going through. I have young children of my own and cannot even fathom the pain of losing one of them.

    As for your question, there's really not much you can do. If the police continue to contact you and ask you questions then it might be a good idea to lawyer up.

    This response does not create an attorney-client relationship between you and I. I am not your lawyer and I am not... more
  3. Bobby Dale Barina

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    Contributor Level 14

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    Answered . I am sorry for your loss. It can happen that the Prosecutors will reach a different opinion than CPS. Their opinion will be based upon the investigation into the circumstances of the accident. You can request a copy of your file from CPS so you can see the pertinent parts of the investigation then you can review this with a criminal defense attorney.

  4. Kevin Coluccio

    Contributor Level 20

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    Answered . I too am sorry for your loss. If you are worried and it causes you stress, you could retain an attorney to look into the matter and obtain for you a confirmation that the case is closed. Otherwise, not much you can do, except take what the Texas cops say at face value.

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