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RobertJDFL
RobertJDFL, Lawyer
Category: Criminal Law
Satisfied Customers: 13905
Experience:  Experienced in multiple areas of the law.
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My boyfriend was charged with child neglect 2. This is his

Customer Question

Hi my boyfriend was charged with child neglect 2. This is his first offense and to be quit honest no one expected this to happen. I can explain the story to you of what happened If you have time. I just really need some help and info because this was just a mistake. Granted it was a pretty serious mistake, but it's not who he is.
JA: In what state did this occur?
Customer: Oregon
JA: Have you talked to a lawyer yet?
Customer: No, I can't afford a lawyer and neither can he. His court date is not until the 29th of june
JA: Anything else you want the lawyer to know before I connect you?
Customer: I would like to explain everything that happened, but not sure if I should tell you or just wait to tell them. I've never had to deal with anything like this before. I'm actually pretty scared and nervous.
Submitted: 4 months ago.
Category: Criminal Law
Expert:  RobertJDFL replied 4 months ago.

Thank you for using Just Answer. I am a licensed attorney and look forward to helping you. What is your specific question this evening regarding your boyfriend's charge?

Customer: replied 4 months ago.
Well, he got 3 charges all together but I guess my question would be, since he has a no contact order for my son until his court date, and this is his first offense ever, would they give him jail time and keep the no contact order longer than his court date?
Customer: replied 4 months ago.
I can not use my phone to call.
Customer: replied 4 months ago.
Are you still there? Are you able to talk by writing or do I have to pay the $59 to do a phone call because I definitely don't have the money.
Expert:  RobertJDFL replied 4 months ago.

You can ignore the phone call request - those come from the website automatically, not me --sorry. I wanted to look up the statute and penalties -please just give me a few minutes to type out a response.

Expert:  RobertJDFL replied 4 months ago.

Child neglect in the second degree is a Class A misdemeanor - the maximum penalty would be a fine up to $6,250 and/or up to a year in jail. Jail time is not typically ordered for a first offense - a typical sentence may include probation, community service, and in something like this, having to take parenting classes and/or other types of counseling. Now, that said, a lot is going to depend about the facts and circumstances. Forgetting the child in the car for 10 minutes while in the store because he was overtired is a lot different from, say, a parent who leaves a child alone for hours while they go out to party and the child is injured.

Expert:  RobertJDFL replied 4 months ago.

With respect to the no-contact order, it can last up to 1 year, unless modified or amended or terminated by the court, and a judge can extend the order for up to another year if they feel it is in the best interest of the child for their safety and welfare. I'm not the judge, and I don't know all of the facts and circumstances or have the evidence so it's not fair to me to say what would happen; again, I think it depends on the facts and circumstances. It's entirely possible -in my professional opinion - for a judge to keep the order in place, or to modify it to say, allow only supervised visitation, until your boyfriend is cleared by a counselor or completes a parenting class, for example.

Has he not had any hearing in this case yet? He would be well served by requesting a public defender to represent him, which is typically done at the first court appearance. He may also want to have a consultation with a local private criminal defense lawyer in your area (many offer free or low cost consultations) to discuss what happened, how judges typically sentence people in these types of cases, any possible defenses, etc.

Expert:  RobertJDFL replied 4 months ago.

If you require any additional information or clarification, please REPLY WITHOUT RATING and I'll be happy to assist you further. Otherwise, if you have no additional questions, please remember to leave a positive rating by clicking on the stars at the top of the page. Thank you.