Legal Question in Criminal Law in California

I was arrested (and released on site) for violation of PC 273a(b) as a misdemeanor. I am really afraid I may lose my children and/or go to jail (meaning loss of job/home etc). I need to know what the most likely consequences will be so I can prepare my family for them. Briefly, I let my guard down and my four year old got out of my front door (again) without me knowing. This marked the third time it has happened in a year and the worst part is that I thought she was upstairs asleep when the officers brought her home to me and I did not even know she was gone. I am considered negligent because I didn't check on her and had not installed a top lock on my front door after it was suggested by them on the prior incidents. The officer wanted to charge it as a felony but for some reason did not. What are some of common outcomes of similar cases?


Asked on 8/20/10, 10:23 am

2 Answers from Attorneys
Anthony Roach Law Office of Anthony A. Roach

I'm surprised that child protective services was not called. Usually they will take your child, and file a petition in dependency court, making your child a ward of the state, until either your parental rights are terminated, or you are ordered to attend parenting classes and counseling.

I wouldn't be surprised to find out from you that all of this happened at night, and not during the day, when children normally play outside. I also would not be surprised to find out that you have a substance abuse problem.

You need an attorney. If you cannot afford one, you need to ask the public defender to appoint you an attorney. If dependency proceedings are filed, you also need to get an attorney for that, or ask the court to appoint an attorney for the dependency proceedings.

In effort to snap you into reality, and what could happen to your child running around unsupervised, I suggest you read the following link:

http://crime.about.com/od/current/p/runnion.htm

Read more
Answered on 8/25/10, 10:44 am
Terry A. Nelson Nelson & Lawless

Asking 'common outcome' is doing you no good. Suffice it to say you could lose your kids and go to jail. Hire an attorney to properly represent you, or applly for the Public Defender if you can't afford private counsel. They can advise you once they know all the facts, see the police and DA reports, etc.

Read more
Answered on 8/25/10, 4:46 pm


Related Questions & Answers

More Criminal Law questions and answers in California