Injury to a child Felony 2

[AngStansberry]

What is the name of your state (only U.S. law)? Texas

I am not sure if I am in the right place so if not someone please tell me. On Thursday I received a phone call from a cps caseworker telling me to get to my sons school now. I got there and waited for an hour and a half until a detective came out and toke my basic info and asked me if I knew why they were there. I told him because I had spanked my son with a belt. He then asked me to make arrangements for my boys to stay some where else. So I did that. Then he asked me to follow him to the police station so I did that and then sat for another 2 hours. Finally the cps case worker came out and made me sign a safety plan for my boys to stay at my moms for at least 90 day. Then I talked to the detective and he asked me why I spanked my son I told him because he had stolen money and lied to me about it. He then showed me a pic of the belt mark I had left on him. He then proceeded to tell me I was not under arrest but he was going to the DA and will probably get a warrant in the morning. He said if that happened then he would call me so I could turn my self in and make bond arrangements. I have to turn myself in tomorrow morning for Injury to a child Felony 2 and a $25,000 bond. What I am afraid of is I will bail out and then in a week or so they will issue more. I finally heard from cps today and they have made arrangements for what they call a family team meeting on next Friday. What are the chances of them issuing more charges and warrants after I bail out tomorrow? Can someone give me a bit of in site as I am scared as hell....

 

[Zigner]

You need an attorney. You are facing a serious charge.

 

[FlyingRon]

The words "you are not under arrest" is usually a sign that they want to question you without requiring them to tell you that you have the right to remain silent.

As Zig says, you need a lawyer. In fact, you shouldn't have talked to them PERIOD without a lawyer.

 

[Antigone*]

What is the name of your state (only U.S. law)? Texas

I am not sure if I am in the right place so if not someone please tell me. On Thursday I received a phone call from a cps caseworker telling me to get to my sons school now. I got there and waited for an hour and a half until a detective came out and toke my basic info and asked me if I knew why they were there. I told him because I had spanked my son with a belt. He then asked me to make arrangements for my boys to stay some where else. So I did that. Then he asked me to follow him to the police station so I did that and then sat for another 2 hours. Finally the cps case worker came out and made me sign a safety plan for my boys to stay at my moms for at least 90 day. Then I talked to the detective and he asked me why I spanked my son I told him because he had stolen money and lied to me about it. He then showed me a pic of the belt mark I had left on him. He then proceeded to tell me I was not under arrest but he was going to the DA and will probably get a warrant in the morning. He said if that happened then he would call me so I could turn my self in and make bond arrangements. I have to turn myself in tomorrow morning for Injury to a child Felony 2 and a $25,000 bond. What I am afraid of is I will bail out and then in a week or so they will issue more. I finally heard from cps today and they have made arrangements for what they call a family team meeting on next Friday. What are the chances of them issuing more charges and warrants after I bail out tomorrow? Can someone give me a bit of in site as I am scared as hell....

Do whatever you have to do to get an attorney. There is NEVER EVER EVER a reason to take a belt to a child.

 

[LdiJ]

Do whatever you have to do to get an attorney. There is NEVER EVER EVER a reason to take a belt to a child.

And even if using a belt is not illegal in your state, using a belt in such a way that it leaves marks, is a very very serious problem.

 

[Eekamouse]

How old is your child? Is this the opnly time you've beaten the child with your belt? Has CPS been called on you in the past?

 

[CavemanLawyer]

Your child either has been interviewed by a forensic interviewer (someone trained to interview child victims) or will be. If your child describes being "disciplined" in this manner on more than one occasion, or if he describes any other crimes you may have committed then it is theoretically possible that more charges could be issued. Honestly, unless there are serious other allegations made by your son I would say it is incredibly unlikely that more charges would be issued. But... there are no guarantees.

Texas does have an exception to the injury to a child statute (or most other assaultive statutes) if it qualifies as reasonable parental discipline. Striking with a belt is not necessarily injury to a child even if it does leave a mark, but its very subjective and a matter of degree. Hell, some schools still employ corporal punishment if the parent consents which means that they can strike your child with a paddle... which absolutely can leave a mark.

In any case that is a very serious charge and you definitely need an attorney immediately.