Felon Serving Battery Probation Sentence Rearrested on Child Neglect Charges

The Charges

A felon serving probation for a Battery conviction was rearrested on Child Neglect charges. The Defendant violated the terms of probation by not abiding by the laws with this recent arrest. The Judge initially denied bond and the Defendant awaited trial in jail. The Defendant retained Musca Law to challenge the charges against her.

Child Neglect

Neglecting children is a form of child abuse. Neglect can occur from actions of an adult, but it can also happen with willful intent.  If the adult in charge of the child cannot provide for the child’s basic needs, the child could suffer from a wide spectrum of neglect. These basic needs include nutrition, adequate housing, and medical care, clothing, and supervision, but a child should also have their physical, social, emotional, and safety needs met. 

Motion To Set Bond

A motion to set bond can be used in order to let the defendant out on a bond, instead of spending time in jail until the case has been addressed. 

Motion to Reinstate Probation

The judge may reinstate probation by giving a second chance to the accused. 

Things that can be done to increase the chance of having probation reinstated  include:

• Maintaining Employment-  If you are able to prove that you are hardworking and a productive member of society, a judge can see this as a reason not to incarcerate you.  An attorney will have an easier time arguing a case if you will lose your job due to incarceration. 
• Further your education-  If you can show the judge you want to make a positive impact on your life by going back to school, it can make a difference on whether probation will be reinstated or not. 
• Dress well-  Show up for any court dates in nice clothing.  Do not wear anything with a slogan on it. Make sure that all clothing is presentable.  Hair should be clean and well groomed. Attorneys often suggest casual business attire for court dates. 

Punishments For Being Found Guilty Of Child Neglect

State laws can vary on child neglect, with each one having policies in place.  The main goal of the laws is to protect those children that are vulnerable to abuse and neglect. 

Punishments for Child Neglect will depend on the following:

• The state where the child neglect took place
• The age of the child
• If the child was mentally or physically injured
• The criminal history of the offender

Possible punishments for child neglect include:

• Termination of parental rights
• Criminal record
• Possibly be registered to a sex offender’s list of sexual abuse took place
• Prison term

RESULT: The Defense filed a Motion to Set Bond and scheduled a hearing on the matter. The Defense also filed a Motion to Reinstate Probation so the Client could obtain the professional help she desperately needed. The Defense proved the Client’s willingness to stay out of trouble with the law and requested mental health placement assistance from the Court. The Judge GRANTED both of the Defense’s Motions and released the Client back onto Probation. The State Attorney also DISMISSED the Child Neglect charge against the Client.