Criminal Law Questions? Ask a Criminal Lawyer.
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I'm sorry to hear that. Did your assistant generally pick up your daughter, or do you have any proof that your assistant was supposed to have picked up your daughter in this instance?
No, I have phone calls that took place. She was listed on my "approved pick-up" list.
Wouldn't they have to prove without a shadow of a doubt that she wasn't responsible for picking her up?
besides, how is that putting my Daughter's life in danger.
Apologies for the delay. By the time you had responded (10 hours after my reply) I was out of the office.
13-3619. Permitting life, health or morals of minor to be imperiled by neglect, abuse or immoral associations; classificationA person having custody of a minor under sixteen years of age who knowingly causes or permits the life of such minor to be endangered, its health to be injured or its moral welfare to be imperiled, by neglect, abuse or immoral associations, is guilty of a class 1 misdemeanor.
It's possible that they're claiming neglect.
That is, leaving a child on her own, abandoning (effectively) etc... would be neglect. But if you had arranged with someone to pick her up, then that would not be neglect.
They would not have to prove beyond a reasonable doubt that you did not arrange for her to be picked up. Rather, they would need to prove beyond a reasonable doubt that you knowingly caused or permitted the life of a minor to be endangered, health to be injured, or moral welfare to be imperiled, by neglect, abuse, or immoral associations.
The fact that you had arranged for her to be picked up is a defense. It's what you bring up after they say that you did not pick her up, because you mixed alcohol and medication, etc... And you can bring that up as well, that you did not knowingly do this, but rather it was done (at worst) negligently.
But again, these are defenses. It's not that the prosecution would have to prove that you didn't arrange for someone to pick up your child, but rather that you acted knowingly caused or permitted... the dangerous situation.
And that's another defense: that the situation was not such that "the life of such minor to be endangered, its health to be injured or its moral welfare to be imperiled, by neglect, abuse or immoral associations" was met. The prosecutor needs to prove that element as well. So you can attack each and every element, and put up your other defenses. If anything, that should give reasonable doubt as to whether there was endangerment in the first plcae.
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