After a person is arrested for child endangerment, he or she could be cited, required to appear in court later, taken directly to jail, or have to pay a bond. Additionally, he or she may be reported to Child Protective Services and have to deal with both criminal court for child or caretaker neglect as well as the family court. To learn more about what happens after a child endangerment arrest in Omaha, get in touch with one of our defense attorneys.
Criminal Court Process in Child Endangerment Cases
An arrested person will be taken in front of a judge to have a bond set. Alternatively, if a person is only given a citation, he or she would need to appear in court that day or contact a lawyer beforehand who can enter an appearance on their behalf.
After that, there are several options, such as proceeding to trial or going to diversion if a person is eligible. Your attorney could also file a motion to suppress if some of the evidence obtained by the government is questionable. There are several different routes that a child endangerment arrest in Omaha could take depending on the circumstances of the case.
Felony Charges
Omaha City ordinance criminalizes caretaker neglect, which means anyone who is taking care of a child could be charged under this ordinance. However, if the child is subjected to serious bodily injury, it is more likely that a felony charge would be added.
Additionally, the location of the alleged crime matters. If the incident involves a minor and takes place within the city limits, then it is more likely to be charged under the city ordinance. Alternatively, if the charge occurs outside Omaha City limits, sometimes the prosecutors have no choice but to charge the person under the State statute. That is when it becomes especially important to hire an experienced attorney, because the State statute typically gives someone 10 days to file important motions in their case.
Impact of Sexual Misconduct
A child endangerment arrest that involves sexual assault could potentially land the accused party on the sex offender registry for 15 years to life. Furthermore, sexual offenses of any kind are typically prosecuted more vigorously and charged more harshly.
Other consequences include potential jail time or probation and even prison time. It is important for a person facing such charges to get a knowledgeable lawyer.
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How Does the DHHS Respond to Claims of Child Endangerment in Omaha?
The Department of Health and Human Services (DHHS) may respond by attempting to interview the parties, pursuing no action, asking the accused person to voluntarily undergo certain services, or filing/requesting that the prosecutors file a child neglect action in criminal court. If it is established in court that the event in question did happen, the parents or caretakers could be required to perform a rehabilitated plan to be reunified with their kids.
Who Hears Cases Involving Risk of Injury to a Minor in Omaha?
The county court typically hears child endangerment cases. If someone is charged with a felony, his or her case would start at the county court. If the judge finds the accused party guilty of felony child endangerment, that case will be transferred into district court. Most child neglect or endangerment cases in Omaha and elsewhere are charged in county court, especially if the injury the child faces is relatively minor.
Role of an Attorney after a Child Endangerment Arrest in Omaha
The State typically has a lot of experience in prosecuting these cases, while a person facing these charges typically does not understand the court process. A knowledgeable and well-versed lawyer from Berry Law can level the playing field, as they would understand the personalities of the court and prosecutors. An attorney could potentially limit the damage and effects that a person facing such charges would face. For more details on what happens after a child endangerment arrest in Omaha, call one of our attorneys today.
