Legal Question in Criminal Law in California

Why was I the one accused when I called for help?

A couple of months ago, I stopped by a girlfriends house with my two small children . It was late and I had to fill up a bottle and go pee I pulled my car up to the front door in my friends yard and left my car runningso the babies wouldn't get cold. I yelled to my friend to come to the door and watch the babies ,so I could go pee she did. I then wento the car,got the two bottles, filled them up and as I walked out to put the bottles next to my sleeping babies , I asked her if I could use the phone, she said yes and walked into the other room to turn off the internet so it would free up the phoneline. I was outside giving the babies their bottles and walked inside to see if she had finished doing so. Shedid. I went to the phone and she back to the door to see the babies. Idialed my ex's house,when she came around the corner, telling me that my car(and babies) where gone.Ithencalled the police. They came , asked me if I knew who could have done this,i said no If I had been drinking, and I toldthem a few hours earlier I had a part of a margarita . I ended up being arrested taken to the hosp. for blood test and now am facing two felony child abuse charges. My ex took my car and didn't get into any trouble.why am I in trouble ,nothe?


Asked on 12/24/04, 8:58 am

2 Answers from Attorneys
Michael Stone Law Offices of Michael B. Stone Toll Free 1-855-USE-MIKE

Re: Why was I the one accused when I called for help?

You had been drinking, you left your babies unattended in a car with the engine running, and your ex rescued them. And you are now charged with felony child abuse. Are there some other facts that you left out?

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Answered on 12/24/04, 10:47 am
Michael Stone Law Offices of Michael B. Stone Toll Free 1-855-USE-MIKE

Re: Why was I the one accused when I called for help?

I want to amend my response because it is Christmas Eve and I do not want you to think I am insensitive to your situation. Maybe you are not getting to see your kids for the holiday. But leaving your kids in a car is going to be difficult to defend. A few months ago I left my kids in the car at the airport while I was a few feet away, checking our bags at the curbside check-in. I got a dressing-down (and a $50 ticket) from a cop. He pointed out, quite rightly, that it is a dangerous world out there and if you leave kids in a car who knows what can happen to them. Probably (assuming you cannot afford to hire a lawyer) the public defender will arrange a plea to misdemeanor child endangerment or something or other and you will get probation and a fine and some kind of court-ordered program. This will be the least of your problems, because the county social workers will find out and you will be at risk of losing your kids forever. I really don't know what to tell you, but best of luck to you.

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Answered on 12/24/04, 11:13 am


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