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Under Georgia law, the state can determine for a variety of reasons that a particular child is or may be endangered. In any such situation, the court makes decisions based on what they consider to be the best interests of the child. At the same time, the law also places great importance on the rights of parents or guardians to raise the child as they see fit. Not surprisingly, any case involving a child can give rise to significant emotion, complications, and conflict.
If you face a child endangerment charge, getting in touch with one of our talented criminal defense attorneys could help you prepare for these conditions and seek an acceptable outcome in your case. For more information, reach out to a Fort Oglethorpe child endangerment lawyer today.
Sections 40-6-391, 52-7-12, and 16-12-1 of the Official Code of Georgia Annotated prohibit and penalize offenses of driving a motor vehicle or watercraft under the influence of alcohol or drugs. A charge may be brought against someone affected by alcohol or drugs, deliberately affected by a toxic vapor, or affected by two or more such substances in combination. Someone who drives under the influence while transporting a child under the age of 14 may receive a separate charge for endangering a child, punishable as an offense for contributing to the delinquency of a minor.
A first or second conviction of contributing to the delinquency of a minor qualifies as a misdemeanor penalized by a fine of up to $1,000, imprisonment for up to a year, or both. A third or fourth conviction qualifies as a felony penalized by a fine of $1,000 to $5,000, imprisonment for one to three years, or both. Someone facing a first or subsequent such charge in Fort Oglethorpe who hopes to avoid such a penalty or a record of conviction may limit the negative effects arising from their case by meeting with a knowledgeable child endangerment attorney.
Under O.C.G.A. §15-11-410 and 411, assuming temporary custody of a child requires either a court order or the action of a law enforcement officer who believes the child has run away from a guardian or that the endangerment of the child necessitates immediate action. If a condition requires treatment without delay, the child receives medical attention first, and then a juvenile court intake officer makes an assessment to determine whether to release the child, keep them in custody, or take them before a court. A court may grant temporary custody only after considering the findings of the assessment, whether remaining at their home would place the child at risk, and any services that may accessed in lieu of granting custody.
Someone who takes a child into temporary custody may do so for no more than 12 hours and must do whatever they can to get in touch with the child’s parents or guardian. If no guardian takes custody within 12 hours, a court will make a decision regarding the right placement for the child. Someone facing a child endangerment charge must construct a defense involving a relatively dense code of laws and could receive useful assistance by contacting a child endangerment attorney in Fort Oglethorpe.
The average adult has no inclination to place any child in danger. However, the law at every level takes a special interest in preventing children from harm. Misunderstandings, differing perspectives, and difficult circumstances at home may lead to a child endangerment charge.
If you face a charge for child endangerment, defending yourself effectively demands that you dispel any confusion or misinformation about your intent, your behavior, and the events that give rise to concern for the child in question. Arrange a consultation with a Fort Oglethorpe child endangerment lawyer who has the understanding and knowledge to help you plan a credible and convincing defense. Call today to get started.