Oakland Risk of Injury to a Minor Case Process
The criminal court process following an arrest for child endangerment or risk of injury to a minor is similar to the process for other charges, such as robbery, theft, or assault. In addition to the typical criminal proceedings, however, there may be social service or family court actions taking place at the same time. It is important to have an experienced attorney handling the Oakland risk of injury to a minor case process while also considering the implications on the collateral actions as well.
Arraignment and Pre-Trial Hearings
The first step in the criminal process following an arrest is an arraignment and bail determination. At that first court appearance, the person who is arrested would be advised of what they are accused of, that they have a right to an attorney, and, that, if they cannot afford that, one will be appointed for them.
If the arrestee has been charged with felony risk of injury to a minor, they would be entitled to a preliminary hearing. At a preliminary hearing, there would likely be some testimony either from witnesses or from a police officer who had taken statements from witnesses. The testimony will lay out the basic foundation of the charges to determine whether there was probable cause for each charge.
There may also be negotiations if the defendant is interested in a plea deal, or there could be a request for dismissal or to reduce some of the charges after filing appropriate and timely motions. An attorney could handle each step of the negotiation and mitigation process.
If a plea is entered to something or the accused is convicted at trial a sentencing hearing would take place to finalize the terms of the sentence. Prior to sentencing, in felony cases, the individual will be referred to probation for a report to be produced, and the defense attorney will have a chance to write a letter on the client’s behalf to request reduced terms.
Role of an Attorney in the Risk of Injury to a Minor Case Process
The role that a child endangerment attorney is going to play in child endangerment cases is to help the defendant assess their case and determine how strong or defensible their case is. An Oakland child endangerment lawyer could help make strategic decisions with the client and help them set their priorities for the outcome of the case.
The attorney could also negotiate with prosecution and fight to make sure the rights and interests of the client are protected. A skilled child endangerment lawyer may also help ensure that any collateral consequences such as child custody, immigration, restraining orders, or dependency issues are addressed and mitigated.
Contact the Right Attorney for Your Case Process
If you have been charged with risk of injury to a minor, you should contact an attorney as quickly as possible after an arrest. A lawyer could provide legal representation at every court appearance, as well as negotiate with prosecutors to mitigate potential penalties and maintain careful protections of your child custody, immigration status, and other variables.