Legal Question in Criminal Law in California

child endangerment

My wife was taking care of our three kids ages 5, 2, and 1 years old, and a neighbors kid age 6 years. My wife had too much to drink and passed out in the bathtub. The kids woke up in the middle of the night and couldn�t find my wife and got scared. The oldest kids ran next door to the neighbors and the neighbor called the cops. What is she potentially facing here , misdemeanors, felonies, jail? Please help.


Asked on 5/24/04, 10:32 am

3 Answers from Attorneys

Michael Stone Law Offices of Michael B. Stone Toll Free 1-855-USE-MIKE

Re: child endangerment

It is not a crime to pass out in the bathtub. But, likely as not, social workers will come and steal your kids. You won't get them back.

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Answered on 5/24/04, 10:53 am

Re: child endangerment

I would get excellent reprsentation as soon as possible - particularly in an area where child protective services becomes involved. Once that can of worms is opened, it can be a nightmare to deal with.

I would not make any admissions to them until after you've discussed the case with an attorney. Can it be proven that your wife was excessively intoxicated while the children were in her custody? I don't have enough of the facts to comment any further, but I wrote my thesis at Stanford University on the severe shortcomings of the child protection system. I also have years of experience with the courts and would be happy to discuss this case with you further. You may reach me at 858.405.5881. Good luck...tackle this as quickly and forthrightly as possible!

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Answered on 6/10/04, 8:34 pm
Elena Condes LAW OFFFICE OF ELENA CONDES

Re: child endangerment

Given that scenario any number of things can happen. It may be that nothing happens, but more likely, Child Protective Services may come and do an investigation and may check to see if the children are in danger if left in the home. The potential criminal charges can be anything from misdemeanor child endgangerment to felony child endangerment. Felony child endangerment can bring up to six years in prison. Under any scenario, your wife ought to seriously consider having legal representation.

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Answered on 5/24/04, 3:21 pm


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