Legal Question in Criminal Law in North Dakota

My son was charged with class b felony child abuse/neglect, his girlfriend thought he was cheating on her so she put up a nanny cam. Instead she saw him being a little rough, no shaking, or abusive actions. The child was taken from the whole family and put in foster care(without court order), my son was arrested(without arrest warrant),all paper work was done 4days later. The child was also taken to numerous doctors and there was no signs of past or present child abuse. A behavioral specialist said there was no abuse displayed in the video, but the state's attorney is still going to proceed with the charges, what can we do. Now we are fighting to keep my son out of prison,and trying to get the child out of foster care. What is our defense?


Asked on 10/07/13, 7:35 am

1 Answer from Attorneys
James Thompson Nehring Law Office

You may have a valid defense, based on the actions not rising to the level of abuse/neglect. If you can't settle the case, you may wish to have an expert testify about this issue at trial. Then the jury would weigh all the evidence and make its determination.

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Answered on 2/12/14, 5:13 pm


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