What are my rights if charged with child endangerment?

The laws in American society are becoming tougher in many ways regarding how parents raise their children. Certain religious beliefs forbid parents from seeking medical attention and believe that the power of prayer will heal their sick children. States have passed laws requiring school officials to report cases of suspected child abuse. Failing to comply with these laws could cause them to be charged with child endangerment.

The Burden of Proof Lies With the State

It will be up to the State District Attorney’s office as to what the person will be charged with when pursuing criminal action. The burden of proof remains on the prosecution to prove the elements of the crime. This usually requires them to show the jury the following:

• The individual willfully inflicted mental or physical pain upon a child under age 18
• The parent was the primary cause of negligence resulting in harm or injury to the child
• The person put the child in an obviously dangerous situation

Even when the person never intended for the child to become injured, they may be found guilty if their actions are seen as criminally negligent. A parent may be charged with child endangerment if they allow an unfit person to care for their child.

A Criminal Defendant’s Rights

Being arrested and charged with a crime is scary for anyone. When police make an arrest, they must apprise the suspect of their Miranda Rights. The person charged with child endangerment has the right to remain silent and not answer any questions posed by law enforcement. If the individual cannot afford legal counsel, the court must appoint a public defender for them. One of the top priorities for any criminal defendant is to get bailed out of jail. This will largely depend upon the severity of the charges and if the person has a past criminal record.

All Americans are protected by the Bill of Rights, which includes the right to a speedy trial where the government must begin trial within a reasonable amount of time. Criminal defendants have the right to confront their accusers. This means that any witness against them must appear in court so that their defense counsel can cross-examine them.

Don’t Be Your Own Worst Enemy

Police can use a variety of tactics to get suspects to incriminate themselves. They are actually allowed to lie and often use this as a means to obtain information or coax a confession. Do not succumb to threats by law enforcement and try to remain calm and respectful. Your best approach is to simply state that you will not answer any questions until represented by legal counsel. When you hire a criminal defense attorney, they will tell you that the police are servants of the State and it is their job to help build a case against you.