Child abuse cases are extremely difficult to defend because of the visceral response most people have to the very words. Despite the fundamental principal of the Presumption of Innocence, people walk into jury duty with preconceived notions of guilt. It is important to understand the jury selection process to be able to neutralize some of these biases and weed out potential bad jurors.
These cases are divided up into two categories: injury cases and sex cases. The latter is discussed under a different section of this website so we will limit our discussion here to non-sex cases.
Often times these cases begin with a call to Child Protective Services, ("CPS"). Dealing with CPS is a whole different ball game. Normally, Defense Attorneys advise suspects NOT to talk to investigators at all because generally, nothing good can come from it. CPS however, has an enormous amount of power when it comes to the removal of children and it is this leverage that is often used to get parents to talk to investigators before they have obtained legal counsel. Section 262.104 of the Texas Family Code allows CPS to remove a child from the home without a court order if they can show:
1. there is an immediate danger of physical or sexual abuse,
2. it is contrary to the welfare of the child to remain in the home &
3. reasonable efforts were made to prevent the need for the removal and proved unsuccessful.
Very often they will threaten to remove ALL the children out of the home even if only one is the subject of their investigation. Under this type of pressure parents often make statements that are later used against them in a subsequent criminal prosecution. So what is one to do when facing such allegations?
First, one must understand that there are two separate cases going on with very different goals at their core. One is the CPS case which may or may not be referred to law enforcement. The second is the criminal investigation which may result in an indictment. It is the stated goal of CPS to reunite families. It is the unwritten goal of law enforcement to put people behind bars who they believe are guilty of criminal behavior. CPS will often require parenting classes, counseling and other types of services designed to rehabilitate the parent so that the child can be placed back in the home. (Obviously, this does not apply to cases of sexual abuse.) A criminal indictment could result in deferred adjudication, probation, prison time or a jury trial. Usually, if a CPS investigation clears the accused, criminal charges will not be forthcoming. On the other hand, if the case is referred to law enforcement, everything said to CPS investigators can be used by law enforcement to build their criminal case.
Therefore, one must step back, take a deep breath and realize that their life will be turned upside down for the foreseeable future. One must be patient and understand that their family life will not be back to normal for at least several months. One may have to accept the grim reality that their children may wind up with a relative or in foster care for the duration of the investigation. Then it is very important to hire counsel for both the CPS case and the Criminal case. The CPS case is controlled by the Texas Family Code so an experienced Family Law attorney should be familiar with dealing with CPS. He or she should be able to work hand in hand with the Criminal attorney so that the individual's defense is not jeopardized.
Injury to a Child
is when injury, serious bodily injury or mental deficiency or impairment is caused to a child under 14 years of age by act or omission in an intentional, reckless or criminally negligent manner. Whether it's a 1st, 2nd, 3rd or State Jail Felony depends upon whether or not it was intentional or accidental and whether or not it was an act or omission. Therefore, the punishment range could be 6 months in a State Jail facility or up to 99 years in prison depending on the facts of the case.
Child Endangerment
is an act or omission that places a child younger than 15 years of age in imminent danger of death, bodily injury, or physical or mental impairment. It is a State Jail Felony with up to 2 years in a State Jail facility.
Child Abandonment
is when having custody, care, or control of a child under 15 years of age, he intentionally abandons the child in any place under circumstances that expose the child to an unreasonable risk of harm. If the suspect intends to return, it's a State Jail Felony. It's a 3rd Degree Felony if the person does not intend to return. If a reasonable person would have known that the circumstances placed the child in imminent danger of death, bodily injury or mental impairment, it is a Felony of the 2nd Degree.
Aside from the usual consequences that come along with a Felony conviction, a conviction for this kind of offense can be used in Family Court to effect custody and visitation of children. Therefore, it is imperative that one hire the right attorney to help fight these charges.
These cases are divided up into two categories: injury cases and sex cases. The latter is discussed under a different section of this website so we will limit our discussion here to non-sex cases.
Often times these cases begin with a call to Child Protective Services, ("CPS"). Dealing with CPS is a whole different ball game. Normally, Defense Attorneys advise suspects NOT to talk to investigators at all because generally, nothing good can come from it. CPS however, has an enormous amount of power when it comes to the removal of children and it is this leverage that is often used to get parents to talk to investigators before they have obtained legal counsel. Section 262.104 of the Texas Family Code allows CPS to remove a child from the home without a court order if they can show:
1. there is an immediate danger of physical or sexual abuse,
2. it is contrary to the welfare of the child to remain in the home &
3. reasonable efforts were made to prevent the need for the removal and proved unsuccessful.
Very often they will threaten to remove ALL the children out of the home even if only one is the subject of their investigation. Under this type of pressure parents often make statements that are later used against them in a subsequent criminal prosecution. So what is one to do when facing such allegations?
First, one must understand that there are two separate cases going on with very different goals at their core. One is the CPS case which may or may not be referred to law enforcement. The second is the criminal investigation which may result in an indictment. It is the stated goal of CPS to reunite families. It is the unwritten goal of law enforcement to put people behind bars who they believe are guilty of criminal behavior. CPS will often require parenting classes, counseling and other types of services designed to rehabilitate the parent so that the child can be placed back in the home. (Obviously, this does not apply to cases of sexual abuse.) A criminal indictment could result in deferred adjudication, probation, prison time or a jury trial. Usually, if a CPS investigation clears the accused, criminal charges will not be forthcoming. On the other hand, if the case is referred to law enforcement, everything said to CPS investigators can be used by law enforcement to build their criminal case.
Therefore, one must step back, take a deep breath and realize that their life will be turned upside down for the foreseeable future. One must be patient and understand that their family life will not be back to normal for at least several months. One may have to accept the grim reality that their children may wind up with a relative or in foster care for the duration of the investigation. Then it is very important to hire counsel for both the CPS case and the Criminal case. The CPS case is controlled by the Texas Family Code so an experienced Family Law attorney should be familiar with dealing with CPS. He or she should be able to work hand in hand with the Criminal attorney so that the individual's defense is not jeopardized.
Injury to a Child
is when injury, serious bodily injury or mental deficiency or impairment is caused to a child under 14 years of age by act or omission in an intentional, reckless or criminally negligent manner. Whether it's a 1st, 2nd, 3rd or State Jail Felony depends upon whether or not it was intentional or accidental and whether or not it was an act or omission. Therefore, the punishment range could be 6 months in a State Jail facility or up to 99 years in prison depending on the facts of the case.
Child Endangerment
is an act or omission that places a child younger than 15 years of age in imminent danger of death, bodily injury, or physical or mental impairment. It is a State Jail Felony with up to 2 years in a State Jail facility.
Child Abandonment
is when having custody, care, or control of a child under 15 years of age, he intentionally abandons the child in any place under circumstances that expose the child to an unreasonable risk of harm. If the suspect intends to return, it's a State Jail Felony. It's a 3rd Degree Felony if the person does not intend to return. If a reasonable person would have known that the circumstances placed the child in imminent danger of death, bodily injury or mental impairment, it is a Felony of the 2nd Degree.
Aside from the usual consequences that come along with a Felony conviction, a conviction for this kind of offense can be used in Family Court to effect custody and visitation of children. Therefore, it is imperative that one hire the right attorney to help fight these charges.