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What's going to happen?

Syracuse, NY |

My daughter made the mistake of leaving her child in a car unattended and got charges. She has a court date. The child was asleep and being watched from inside for 20 mins. She was not harmed they took her to the hospital and said she was fine. What do you think will happen to my daughter? What should she do? She's never been in trouble before

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Attorney answers 7

Posted

I can tell you that her chances for a successful resolution increase exponentially with a good local criminal lawyer.

Posted

Nobody can predict, but she definitely needs a criminal lawyer.

Posted

I 100% percent agree with my colleagues - see to it that your daughter immediately consults a local criminal law attorney

This is not intended to be legal advise or as legal representation. I am a California personal injury attorney . Be aware that every state has its own statute of limitations; and statutes & case laws that govern the handling of these matters.

Posted

Attorney Lassen is correct. While this is a good source for some general information, your daughter needs to immediately consult with an attorney that handles criminal cases. New York passed a law in 2012 that made it a crime to leave a child under 8 alone in a car. The penalties for a child who is not hurt do not appear to be extensive for a first offense--it may just be a fine--but I assume the penalty is greater if the child is injured. Your daughter needs to seek legal advice immediately.

If you feel this is the "best" answer or is "helpful," please indicate. Since I am limited to the information you provide, I cannot guarantee the accuracy of the answer. You should seek the advise of an attorney who can explore all aspects of your question. This communication does not form an attorney client relationship.

Posted

I have represented people in similar situations. The important question in those cases was whether or not the situation presented a significant likelihood of harm to the child. You need a good criminal defense lawyer as soon as possible. Under certain circumstances, CPS can get involved and seek to remove the child from the mother's custody. This is a serious matter. I am a former prosecutor, and have been handling criminal matters like this for 16 years. You can reach me via my website at castrotrodden.com or call my office 24 hours a day at 631-382-7979.

Posted

She will most likely be charged with the A misdemeanor of endangering the welfare of a child. She should obtain criminal law counsel.

If you found this "helpful" or "best answer," please click it with my appreciation. My response is for educational purposes and does not constitute legal advice nor creates an attorney client relationship which requires all the details and a personal conference.

Marco Caviglia

Marco Caviglia

Posted

I she is not, or in additon, CPS could investigate and file an action civilly in Family Court for neglect.

Posted

You need to repost this in the criminal forum. Find her a good lawyer.

Mr. Pascale is licensed to practice law in the State of New York. The response herein is not legal advice and does not create an attorney/client relationship. The response is in the form of legal education and is intended to provide general information about the matter within the question. Oftentimes the question does not include significant and important facts and time-lines that, if known, could significantly change the reply and make it unsuitable. Mr. Pascale strongly advises the questioner to confer with an attorney in their state in order to insure proper advice is received.

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