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LADY LAWYER
LADY LAWYER, Family Law Attorney
Category: Family Law
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Experience:  Family Law Attorney
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Hello there, my neighbor is a single mom and has a 9 year old

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Hello there, my neighbor is a single mom and has a 9 year old boy . She picked up her boy from school and the child care provider smelled alcohol on her breath, and had the police arrest her for "child endangerment' (she drove him home). She is now at a prison and her son in foster care (this all happened last night). We are good friends and neighbors, how do we get in touch with her? The prison says it will take 2-4 days to get to see her and we want to get her son out of foster care until the situation is resolved. She has no other relatives.

LADY LAWYER :

Hello!

LADY LAWYER :

Sorry to hear about your friend. She is going to be able to call out to contact an attorney, bailsbondsmen or perhaps even you (if she chooses), but you will not be able to contact her until she has her first appearance in front of the judge and he either sets bail for her or releases her. Both felony and misdemeanor cases begin with an arraignment or first appearance in the lower courts. The first appearance must happen within 24 hours of an arrest. This is where your neighbor will be informed of the charges against her and made aware of some of her rights. If the circumstances of the child endangerment charges involve a risk of great bodily harm or death for the child...then the offense of child endangerment is a wobbler . This means it may be charged as either a misdemeanor or a felony . Misdemeanor child endangerment penalties include up to one (1) year in county jail. For felony child endangerment, penalties include two (2), four (4), or six (6) years in California state prison. But if there was no risk of great bodily harm or death to the child, then child endangerment in California will be a misdemeanor.


 

LADY LAWYER :

If your neighbor is charged with a misdemeanor, she will have her first opportunity to tell the judge how she plans to plea (guilty, not guilty, no contest). If she pleads guilty at a misdemeanor arraignment, the judge may sentence her on the spot. If she has had no priors, she could be released from jail with time served and have to pay a fine, court costs and remain on probation for a while. If she pleads not guilty, the judge will probably release her until her trial. If this happens, she should be out pretty quickly as well. If she has prior convictions and pleads guilty, or if she is charged with a felony, she may have to pay bail before she is released.


 

LADY LAWYER :

In any case, there would be no way to contact your friend until after her arraignment UNLESS you hire an attorney, and then s/he can contact them. Otherwise, you will have to wait to see if she is released or if she has bail set, at which time you will be able to contact her after she is processed.

LADY LAWYER :

Until such time as you would get permission from her, the foster home would not be able to release her child to you. I am terribly sorry for this situation. It is very sad all the way around. However, barring the hiring of an attorney, there would be no other way to immediately contact your friend or get a message to her at this time.

LADY LAWYER :

If you have any further questions, I am happy to keep helping you! If not, would you kindly consider a positive rating at this time? It will cost you nothing further to do but it is the only way I can be compensated for my time by the website. Thank you!

Customer:

Can you recommend a great family lawyer in Palo Alto, CA?

LADY LAWYER :

Any of the attorneys here on this site would be excellent: www.martindale.com. Search Palo Alto and family law. They are the highest rated ones according to attorneys like myself and other, who practice in these fields.

LADY LAWYER :

Happy to help you with any further questions should you have them!

LADY LAWYER :

If you have any further questions, I am happy to keep helping you! If not, would you kindly consider a positive rating at this time? It will cost you nothing further to do but it is the only way I can be compensated for my time by the website. Thank you!

LADY LAWYER and other Family Law Specialists are ready to help you
Hi Sylvia,

If you have any further questions, I am happy to keep helping you! If not, would you kindly consider a positive rating at this time? It will cost you nothing further to do but it is the only way I can be compensated for my time by the website. Thank you!

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