Legal Question in Criminal Law in California

Child accidentally left in car at store 274a (b)

My wife accidentally left our son in the car while shopping. Completely forgot he was in the car. She came out 5 to 7 min. later and the police were at her car with him. They reacted as if she knew and intentionally left him, while she sobbed hysterically.

My wife was given a public defender who has not presented the evidence against her to us, she could'nt answer ANY of our legal questions, has not been able to find any previous trials won regarding these type of cases, could not understand the wording in the law, and scoffed when my wife said she wanted a trial.

I have several questions .

What is the definition of ''willfully causes or permits''? Both the act and circumstance were accidental, there was no criminal intent or knowable negligence.

If my wife purposefully did it, isnt this what she would be charged with?

Isnt this law pertaining to conscious child abuse or willfully allowing a child to suffer?

Where should we go for low income legal assistance that will represent us not laugh at our situation?

Thank You for your assistance.


Asked on 9/10/08, 10:29 pm

2 Answers from Attorneys
Ramona Hallam Law Offices of Ramona R. Hallam

Re: Child accidentally left in car at store 274a (b)

Your low-income help was the public defender. This would be the time to call the friends and relatives, take up an offering, and high-tail it to a lawyer's office. These are high-stakes.

Good luck and telephone or write if you need an attorney.

Read more
Answered on 9/14/08, 8:10 pm
Gary Polston The Law Office of Gary M. Polston

Re: Child accidentally left in car at store 274a (b)

The District Attorney will need to prove intent, willful or otherwise, in order to win a conviction on any charge that is an "intentional crime." "Negligence crimes" do not typically require knowledge, just a gross disregard for safety.

However, both issues will be up to a jury to decide (meaning, the District Attorney can still bring the charge which puts a lot of pressure on your wife and family).

Read more
Answered on 9/11/08, 2:50 pm


Related Questions & Answers

More Criminal Law questions and answers in California