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Lucy, Esq.
Lucy, Esq., Lawyer
Category: Criminal Law
Satisfied Customers: 27692
Experience:  Criminal Justice Degree, JD with Criminal Law Concentration. Worked for the DA and U.S. Attorney.
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I am going on arraignement today for my charge endangering

Customer Question

I am going on arraignement today for my charge endangering the welfare of my child because i did not stop her when she was chasing a sea gol
JA: In what state did this occur?
Customer: delaware
JA: Have you talked to a laywer yet?
Customer: not
JA: Anything else you want the lawyer to know before I connect you?
Customer: I am visiting here and i am from quebec canada
Submitted: 3 months ago.
Category: Criminal Law
Expert:  Lucy, Esq. replied 3 months ago.

Hi,

I'm Lucy, and I'd be happy to answer your questions today. I'm sorry to hear that this happened.

In Delaware, endangering the welfare of a child is a Class A misdemeanor. To convict you, the state has to be able to prove beyond a reasonable doubt that you "intentionally, knowingly or recklessly act[ed] in a manner likely to be injurious to the physical, mental or moral welfare of the child." You have the right to plead not guilty and request a trial in order to prove your side of the case, but that would require coming back to the U.S. for a trial. You could also ask the judge to dismiss the charges at the arraignment if your daughter was never in any actual danger. Children play on the beach. That's what they do.

Because this offense is classified as a Class A misdemeanor, you have a right to have an attorney appointed for you at no charge if you cannot afford one. This usually happens at the arraignment. You can ask the judge for a couple of minutes to talk to the lawyer once he's appointed and try to argue for dismissal at that point. If the motion to dismiss is denied, the lawyer will enter a not guilty plea on your behalf and the case will be put on the calendar for a trial or another hearing. Your lawyer can handle most of the hearings for you.

Note that if you don't go to the arraignment or don't appear at any of the hearings (personally or through a lawyer), the judge will issue a bench warrant for your address. Police will not come looking for you in Canada. But it could cause problems for you if you return to the US later.

If you have any questions or concerns about what I've written, please reply so that I may address them. If I did not address the specific thing that you wanted to know, it may not have come across clearly to me, so please restate that question. It's important to me that you are 100% satisfied with the service I provide. Otherwise, please rate my service positively so that I get credit for answering your question. Thank you.

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