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Know and Protect Your Rights in a Criminal Defense Matter

Download Our Free Guide

Know and Protect Your Rights in a Criminal Defense Matter

Following an Oakland Risk of Injury to a Minor Arrest

An arrest of any type could be intimidating, but when a person is charged with risk of injury to a minor they could be concerned with more than losing their freedom. They may worry about losing child custody or visitation privileges following an Oakland risk of injury to a minor arrest.

A defendant may benefit from scheduling an appointment with a dedicated defense attorney. A skilled lawyer who is familiar with Oakland risk of injury to a minor arrest could research different legal options that may apply to the case and potentially assist in developing a credible defense. Before proceeding to court, contact a legal representative who could review your case.

Child Placement After a Risk of Injury

One of the first things that typically happens following an Oakland risk of injury to a minor arrest may include removing the child in question and potentially other children living in the same residence out of the household. Removed children could be placed with family members or in foster care if relatives cannot be located. In most cases, the individual accused of the risk of injury to a minor offense may be restrained from seeing the children until the case is brought back to court or further investigated by law enforcement. Depending on the circumstances and outcome of the case, the charged person and the children who were removed from their custody could be reunited. However, this process may take time and depend on a variety of factors.

Following an Oakland risk of injury to a minor arrest, a person may benefit from speaking to an aggressive defense attorney. They could fight for a person’s right to maintain child custody or child visitation privileges.

Potential Charges for a Risk of Injury to a Minor Arrest

The circumstances under which risk of injury to a minor is charged as a misdemeanor or felony generally has to do with the injury that was allegedly caused and the level of risk and harm that the child may have been subjected. A case with a risk of great bodily injury or death may have a higher chance of being charged as a felony than other incidents. In most cases, prosecutors may look to the subsection of the general statute that protects the moral and general health of minor children in Oakland, which often referred to as Section 300 of the Welfare and the Institutions Code.

An example of what may lead to a risk of injury to a minor arrest is leaving a child unattended in a vehicle. This is often seen as child endangerment and commonly occurs in Oakland. Whether a person is leaving the child momentarily while they are running to the store or leaving a child for a longer period of time, the law generally does not allow an adult to place their children in positions of an unjustifiable risk of physical or mental pain or suffering.

How a Certain Type of Court and Process May Influence a Case

A risk of injury to a minor case could be held in two courts. It may be held in a criminal court or it could be in a juvenile dependency court. A case held in juvenile dependency court generally occurs when Child Protective Services has taken some action to sever or at least limit parental rights. That type of case is often heard in the juvenile dependency court while child endangerment charges are heard in criminal court. The criminal court process that follows a risk of injury to a minor arrest in Oakland may involve an arraignment, pretrial conferences, possible resolution, or potentially a trial.

Consult a Knowledgeable Defense Attorney in Oakland

Someone facing a child endangerment offense should contact an Oakland criminal defense lawyer before proceeding to trial or speaking with law enforcement or a prosecutor. The consequences of a conviction following an Oakland risk of injury to a minor arrest may be severe and could include losing custody of a child. Preparing for a potential parallel proceeding in a dependency court and a criminal court could significantly help a person succeed in front of a judge. Call and schedule an appointment to review the different aspects of the case and begin building a credible defense.

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