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Dwayne B.
Dwayne B., Lawyer
Category: Criminal Law
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Experience:  Numerous criminal trials ranging from traffic to murder, practicing Criminal Law for 20+ years.
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My son was stolen by his father when he was 8 years

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My son was stolen by his father when he was 8 years old. Subsequently, his father raised him. He died 3/25/2008 this year of drug use over an extended period of time. He started doing drugs in 6th grade. His father knew and never intervened. Even when he was caught with drugs at school, tried to commit suicide, totalled cars, and was put in jail for breaking into homes. His father was more concerned about his own reputation and hiding our son''s problems. When our son was put in rehab, he was there getting him out, etc. Several of us tried to tell him he was going to kill him if he didn''t get him help. And he did. I want the state of Florida to press charges against his father for killing him. Will they? How do I go about getting it done? His father lives in Texas. Our son died in Florida after visiting with me for only 6 days. I''ve seen people charged with killing their children if they ran over them, or left them in the car, or if they rolled over on them in their sleep
Submitted: 5 years ago.
Category: Criminal Law
Expert:  Dwayne B. replied 5 years ago.
You may have a civil case against the father for his negligent acts, but you probably don't have a criminal case and if you do, it is probably in Texas and not Florida.

Most criminal statutes require "mens rea" or a guilty intent. In other words the state would have to prove that the father intended to cause what happened. There are a few limtied crimes where being criminally negligent is sufficient, but I think it is extremely unlikley you are going to find a DA who is willing to charge the father.

If you feel he needs to be punished, and I certainly agree that it sounds like he was negligent, the only realistic way I can see of achieveing that is to file your civil suit and ask for punitive damages.

Thank you for allowing me to assist you. I believe I have answered all of the questions you asked so I would request that you please click the ACCEPT button so I receive credit for my work and leave feedback if you have a chance. Please consider clicking "BONUS" as a nice way of saying "thanks" for a job well done, although this is neither required nor expected. Always feel free to ask additional questions. Please be aware that my answer is not legal advice, it is merely information and no attorney client relationship has been formed. You should always contact a local attorney for legal advice.
Dwayne B., Lawyer
Category: Criminal Law
Satisfied Customers: 26762
Experience: Numerous criminal trials ranging from traffic to murder, practicing Criminal Law for 20+ years.
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