Legal Question in Criminal Law in Florida

child neglect misunderstanding

my girlfriend and I were in a hotel room with her kids. They are 3 and 4 years old. while they were sleeping, we went a couple rooms down to talk to our friends. they woke up crying, the police were called and when they arrived they found 5 grams of marijuana in the room. The kids then led them right to where we were because they knew we were just down the hall. The police charged us with neglect,(2 counts each) and possesion. we are not neglectful parents and have quit smoking. what kind of punishment can i expect. i have 2 prior charges for misdemeanor possesion, both with-held adjudication. my girlfriend has no criminal record. Can she get adjudication withheld on the possesion charge. It was my marijuana, and I claimed all responsibilty to the police. Do we need seperate lawyers? Can we possibly get the felony charges dropped. We would never neglect or hurt our kids. They are our whole lives. Please help. we dont want to lose our kids and my girlfriend can't lose her job or drivers license. Our family can't make it by with me in jail. Can I possibly get probation or fines; anything but being away from my family. We need each other badly. Please help us stay together.


Asked on 9/03/07, 5:47 pm

3 Answers from Attorneys
Valerie Masters Valerie Masters, P.A.

Re: child neglect misunderstanding

Yes you need separate lawyers. I would not give you an opinion as to sentence without a meeting. The worst part of your case is that you left children in a room with drugs. The drugs by themselves would be a small problem. Leaving children alone with drugs is a terrible problem. No one will consider this a misunderstanding.

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Answered on 9/04/07, 3:51 pm
Scott Cupp Law Office of Scott H. Cupp, LLC

Re: child neglect misunderstanding

You should definitely retain separate lawyers. Too many variables to answer without speaking to you. You can call my office if you like and schedule a phone conference. I travel to Gainesville now periodically.

Scott H. Cupp

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Answered on 9/03/07, 6:16 pm
Scott R. Jay Law Offices of Scott R. Jay

Re: child neglect misunderstanding

NOTE: This communication is not intended as and should not be interpreted as legal advice. Rather, it is intended solely as a general discussion of legal principles. You should not rely on or take action based on this communication without first presenting ALL relevant details to a competent attorney in your jurisdiction and then receiving the attorney's individualized advice for you. By reading the "Response" to your question or comment, you agree that the opinion expressed is not intended to, nor does it, create any attorney-client relationship, nor does it constitute legal advice to any person reviewing such information, nor will it be considered an attorney-client privileged communication. If you do not agree, then stop right here, and do not read any further.

With two prior convictions, you may have serious consequences as a result of this incident. Since you are accepting responsibility, your girlfriend should not have a problem if the court believes what you are saying. Frankly, I am sure that there is more to this story as police are generally not called to a room simply because children are crying. You should retain the best attorney you can afford and your girlfriend should have a separate attorney based on potential conflicts of interest.

Scott R. Jay, Esq.

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Answered on 9/03/07, 8:33 pm


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