If someone is facing any accusation of child neglect, it is the responsibility of the prosecution to support their position with clear evidence. When those accused of child endangerment and neglect partner with an attorney, there are several different avenues that can be pursued to discredit the prosecution’s case. This includes:
- A Lack of Evidence: Child neglect is a huge accusation. It will not be ruled true by a court unless they are confident that the evidence clearly connects the neglect with what the prosecution is accusing the defense of doing. A criminal defense attorney can raise the point that there is not enough evidence to prove beyond a reasonable doubt that their client is guilty. They can also combat a lack of evidence with their own evidence to demonstrate how the prosecution may be oversimplifying what has happened.
- False Accusations: Whether it is intentional or not, a false accusation is deeply concerning. Sometimes, people are misguided in thinking of how someone’s neglect may be due to child abuse, while other times, intentional lies are made to create a false premise of guilt. In either scenario, it is unfair to the individual being accused of these crimes. A defense attorney can leverage everything in their power to make false accusations clear to the judge and jury.
- Mistaken Identity: A defendant may argue that they have been wrongly identified as the person who bears responsibility for child neglect. Because children often interact with a ton of different adults that all share influence on a child’s upbringing, such as different family members, teachers, coaches, or other caregivers, there is a possibility that someone else is responsible and the defendant is being wrongly blamed.
- Good Faith: Sometimes, there are cases where a defendant agrees with the prosecution that a child has been neglected, but they had positive intentions and acted in good faith despite the outcome. For example, a parent might decide to homeschool their child, but it ends up putting them behind in their educational development. The parent can argue that they had the right intention to give them a different approach to education, but they made mistakes in the process that do not warrant legal prosecution. A good-faith defense is more likely to be successful if the parent being accused of neglect can show how they have tried to remedy the situation after realizing the impact it has had on the child. For example, they can present evidence that they had plans for the child to return to the public school system or spend time with a third-party tutor.
- Inability to Provide: There are legitimate scenarios where a defendant can argue they were unable to provide the necessary care. For example, a parent who might be suffering from their own mental health condition may be able to show how it has impacted their ability to effectively identify how their child is struggling or to intervene. They may also be able to demonstrate their own financial hardship and that their neglect was not intentional but rather an unavoidable consequence that has also impacted their own health and well-being.
- Parental Rights: A parent has many rights in the United States to raise their child as they believe is fit. This, of course, must be within the bounds of the law, but there is room for flexibility. Anyone accused of child neglect can work with their attorney to make the case that their actions were not a form of intentional neglect but rather a differing approach that does not violate any law.
Because the charges brought against someone for child neglect can have long-lasting consequences, a legal defense must be carefully crafted to prove their innocence. Being able to showcase that you did not intentionally cause harm to any juvenile will make a difference in how the court assesses the allegation. A final ruling that is fair and just will benefit the child the most. It will ensure that any recovery interventions are based on fact and not speculation. Getting to this stage is only possible with the support of a Riverside child neglect lawyer.
Contact My SoCal Lawyers Today
If you have been accused of child neglect in Riverside, CA, and do not believe yourself to be guilty, it’s time to find a solid legal team. At My SoCal Lawyers, we have been passionately defending inaccurate accusations of child neglect for years throughout Riverside. We know how scary and damaging this can be to your reputation, which is why we take as much time as needed to understand the full picture of what has happened and why you may have been wrongly accused. Contact us today.