Criminal Defense Lawyers

Camden County Endangering the Welfare of a Child Lawyer

Defending Clients Against Charges of Endangering the Welfare of a Child in Camden County

Being charged with endangering the welfare of a child is scary; I get it. As a Camden County defense lawyer who regularly represents clients accused of these types of offenses, I know these cases can totally disrupt lives. But I’m here to help you understand the charges, potential defenses, and possible penalties so we can build the strongest case possible together.

Overview of the Charge

New Jersey’s endangering the welfare of children statute (N.J.S.A. 2C:24-4) is broad legislation that makes it a crime to engage in conduct that causes a child harm. Unlike child abuse charges that require evidence of physical injury, endangerment charges can be harder to fight because no injury needs to occur. Types of conduct that frequently lead to charges include:

• Leaving young children unsupervised
• Exposing children to illegal drugs or paraphernalia
• Allowing children to interact with registered sex offenders
• Driving recklessly with children in the vehicle

Prosecutors just need to show that a defendant’s actions had the “capacity” or “tendency” to impair or debauch the child’s health or morals. The statute also covers attempts, which means doing something intending to harm a child but failing.

These cases turn on the specific facts, but there is often room for argument about whether the conduct truly endangered a child’s welfare. An experienced lawyer can analyze the evidence and build a strong defense targeting the prosecution’s burden to prove endangerment beyond a reasonable doubt.

Penalties Upon Conviction

Endangering charges can lead to both criminal and civil consequences. Potential criminal penalties under New Jersey law include:

• Up to 5 years in prison
• Fines up to $15,000
• Parole supervision between 1 to 5 years
• Permanent criminal record

Defendants also face possible civil litigation and family court proceedings impacting custody or parenting time with their children. The stakes are high, so mounting an aggressive defense is critical.

Fighting the Charges With Help From a Camden County Lawyer

As an experienced local defense attorney, I guide many clients through these difficult cases. I take the time to understand the facts and apply my in-depth knowledge of New Jersey criminal law to spot issues and develop defense strategies. Common defenses in endangerment cases include:

Lack of Criminal Intent

• Many types of common accidents or mistakes do not amount to criminal conduct. For example, briefly leaving older children unattended or failing to childproof a home does not necessarily show intent or willingness to harm a child’s welfare. An effective lawyer can argue the defendant did not possess the requisite mental state.

No Actual or Imminent Danger

• Endangering charges require evidence that a child faced actual and imminent harm. However, not every perceived risk meets this standard. For example, allowing children around relatives with non-violent criminal histories may not satisfy the level of danger required under the law.

False Accusations & Weak Evidence

• These cases frequently arise from bitter custody battles or involve conflicting accounts from witnesses. Skilled counsel can exploit inconsistencies and antimony in the prosecution’s case to undermine their ability to meet the high burden of proof. I know how to locate supporting evidence and raise reasonable doubt.

Mitigating Defenses

• Even when the evidence suggests poor judgment, defenses based on drug addiction, mental health struggles or lack of maturity can provide context that warrants leniency. While these factors do not excuse endangering behavior, I can present them to negate intent and secure diversionary programs or probation in appropriate cases.

Case Dismissal

• Many endangerment charges stem from well-intentioned reports from teachers, doctors and others in close contact with children. However, these individuals do not always have enough information to determine whether conduct is criminal. In other cases, the prosecution may lack sufficient evidence to support the charges. An experienced attorney can file motions testing the legal sufficiency of the allegations and request judges dismiss meritless cases.

As you can see, endangering the welfare of a child charges do not need to ruin lives. While the government takes these cases extremely seriously, there are often mistakes in charging decisions and promising defenses to explore. An knowledgeable lawyer like myself can stand by your side, carefully examine the evidence, and build a comprehensive defense to secure the best possible outcome for your family.

I encourage you to set up a free case evaluation so we can get started building your defense today.

What to Expect at First Court Appearances

The first court hearing after an endangering charge will likely be an initial appearance or arraignment. Defendants must attend these hearings before a judge to be:

• Formally notified of the charges
• Informed of their constitutional rights
• Required to enter a “not guilty” plea to contest the allegations
• Assigned bail terms allowing release from jail before trial

Arraignments only last about 10-15 minutes in most cases. They mainly serve as a starting point to officially launch court proceedings. However, skilled lawyers can still use this early stage to advocate for favorable bail terms minimizing restrictions on client’s freedom.

For example, prosecutors often request no contact orders blocking communication with children involved in endangerment cases. While judges frequently agree to such orders, I know how to present arguments about why maintained contact serves the child’s best interests. Developing these nuanced, fact-specific arguments takes experience with the local courts and prosecutors.

I also prepare clients to make a positive impression at initial appearances by advising them on proper courtroom behavior and appearance. First impressions matter, so avoiding basic missteps is key.

While arraignments are mainly procedural, they set the tone for the case. Having an assertive and prepared lawyer makes a major difference starting on day one.

Diversionary Programs May Provide an Alternative to Trial

Facing a trial and potential jail time on endangering charges is scary. However, diversionary programs provide an alternative path in some cases that can lead to avoiding a criminal record.

These programs suspend prosecution to give qualifying defendants an opportunity to complete court-supervised requirements. Requirements often include counseling, parenting classes, drug testing and other measures aimed at preventing future endangerment.

Defendants who successfully finish diversion have their charges dismissed. However, those who fail to comply face renewed prosecution, trial and sentencing.

As a local defense attorney, I guide many clients through diversionary programs. I can help you:

• Determine eligibility – Diversion is only open to defendants with minimal criminal histories accused of low-level endangering conduct. Having an lawyer who understands the prosecutor’s eligibility criteria is key.
• Advocate for admission – Gaining entry into diversion programs is competitive and requires persuading prosecutors. My strong relationships with court stakeholders helps secure opportunities for appropriate clients.
• Develop compliance plans – Completing these programs is challenging without structure and support. I work with clients to create plans helping them fulfill all requirements.
• Fight violations – Setbacks happen, sometimes due to circumstances beyond a client’s control. I know how to argue against unwarranted violations to keep clients on track.

Avoiding trial through diversion provides a lifeline for those facing devastating consequences from endangering charges. An experienced local attorney can help you understand if diversion is possible and improve your chances of success in the program.

How Sentencing Works if Convicted at Trial

While I build robust defenses to avoid convictions, some cases do end with guilty verdicts at trial. If we find ourselves in this situation, it is vital to understand New Jersey’s sentencing process and options that may be available to secure leniency.

Sentencing will take place at a separate court hearing several weeks after a conviction. This allows time for the probation department to conduct an investigation into the defendant’s background and make a sentencing recommendation to the judge.

Recommendations consider factors like criminal history, employment background, education, family ties and evidence of remorse. The judge relies heavily on these reports in crafting an appropriate sentence.

New Jersey utilizes presumptive sentencing guidelines that provide sentencing ranges based on the degree of crime and other factors. However, judges retain wide discretion to “downward depart” and impose more lenient sentences when mitigating circumstances exist. This is where skilled lawyering makes an enormous difference.

I have an in-depth understanding of the mitigating factors judges consider, such as:

• Minimal role in the offense
• Strong family support
• Mental health or addiction issues
• Exceptional background

Thoroughly investigating clients’ histories and presenting compelling sentencing arguments requires expertise. My sentencing advocacy has frequently resulted in probationary sentences instead of years in prison.

While a trial conviction is scary, the story is not over. Involving an experienced attorney in sentencing is key to achieving the most favorable outcome possible under difficult circumstances.

Finding the Right Lawyer to Defend Your Family

Facing endangering charges in Camden County can be overwhelming. However, an experienced local attorney can guide you through the complex criminal justice system and build a strong defense to protect your family and future.

I encourage you to schedule a free consultation with my firm to discuss your case confidentially. Defending families against these allegations for over a decade has given me valuable insight into working effectively with prosecutors and judges to achieve dismissals and favorable outcomes.

With an in-depth investigation into the allegations and development of an aggressive defense strategy, we can counter these accusations and keep your family intact. Don’t go through this alone – experienced legal representation can make all the difference.