Many great parents have been charged with the crime of child neglect for leaving their kids in the car while they run a quick errand at a store. We understand the embarrassment and frustration of being charged with this type of crime and the humiliation of being accused of not being a good parent.
At Boria Law, we fight for our clients and we get results other lawyers simply do not. Call (734) 453-7806 and find out why so many chose Boria Law over everyone else.
Child Neglect – Leaving Kids in the Car
Is it illegal to leave your children in the car?
Michigan law, MCL 750.135a, states that it is illegal to leave a child under the age of six years old in a vehicle for a time that poses an unreasonable risk of harm to the child under the circumstances present.
What is the penalty for leaving your child in a car?
Michigan law, MCL 750.135a, makes it a misdemeanor punishable by up to 93 days in jail for leaving a child unattended in a vehicle.
If the child suffers physical harm from being left in the vehicle the punishment is up to a year in jail and a one-thousand dollar fine. MCL 750.135a(2)(b)
If the child suffers serious physical harm from being left in the vehicle the punishment is up 10 years in prison and a five-thousand dollar fine. MCL 750.135a(2)(c)
If the child dies from being left alone in a vehicle the punishment is up to 15 years in prison and a $10,000.00 fine. MCL 750.135a(2)(d)
Northville Parent Charged with Child Abuse Leaving Children in Vehicle
Our client was accused of neglecting her children when she ran into the Northville Meijer store to get diapers and left her kids in the car. The kids threw a fit in the car, honking the horn and screaming, and attracting the attention of an onlooker who called the police. When the police arrived our client was charged with child neglect, a misdemeanor that could have landed her in jail for 93 days.
The matter was heard at the 35th District Court by the honorable Judge Lowe. We filed a motion challenging that no unreasonable risk of harm present. The children were in the vehicle for less than thirty minutes. The temperature of the vehicle was appropriate. The vehicle wasn’t running and the doors were locked.
The judge ruled against us, stating that the decision as to wether or not there was an unreasonable risk of harm was up to the jury to decide. Our client did not want to proceed to trial; however, the prosecuting attorney, presumably realizing a jury may agree with our point of view, was now offering a deal that would ultimately resolve the case without a criminal conviction.
Our client made the right call and that was to criminal lawyer, Aaron J. Boria. We saved them from potential immigration consequences, and the child negliect criminal charge was ultimately dismissed. Call (734) 453-7806 today for a free consultation.
Immigration and Criminal Charges
Aside from the criminal charge our client had another problem, and that was her immigration status. This crime could have landed her in hot water had she been found guilty of it. Crimes of moral turpitude have a negative impact on immigration status and in some situation could even result in deportation.
Northville Criminal Defense
Our client was facing up to 93 days in jail, major fines and costs, and criminal misdemeanor for child abuse that would be forever added to their record.
Northville criminal lawyer, Aaron J. Boria was able to negotiate a reduction to disturbing the peace, a non-abstractable offense (doesn’t get reported outside of the court) that is not a crime of moral turpitude. To make it better yet, that reduced charge will be dismissed from our client’s record in 6 months. Our client will not even have to report to probation, she simply has to wait 6 months and then the reduced offense will be dismissed.
The result will not show up on our clients record and asked if she has ever been convicted of a crime she will never have to mention this incident.
Call (734) 453-7806 today to speak with criminal lawyer, Aaron J. Boria.