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  1. #1
    IOMEGAZZ27 Guest

    Can I Do Anything??? Felony Child Neglect Charge Dropped!

    What is the name of your state?FLORIDA

    On October 24th around 5:00pm I parked my car in the fire lane in front of a grocery store about 100ft away. I left my 4 and 7 year old children in the back seat with the car running while I ran in the store. The total time the children were left unsupervised was 10 minutes. The police took my children and I back into the front of the store at the customer service counter while he called his supervisor to ask what to do. The supervisor told him to arrest me. The police also called his supervisor with help on how and what to say in his report. He called child protective custody to the scene. My family was able to pick the children up. The judge set my bail at $15,000 and also ordered I be supervised at all times with the children. I stayed in jail 2 days until I could come up with the money. I could not return to work at all because I work for a half-way house which is ran by the Federal Government and I can not have felony charges pending. I have no prior record. The state attorney refered my case to pre-trial intervention. I ended up having to hire an attorney. My attorney last wednesday typed up a letter and sent it to the state attorney after reviewing prior cases as to why my case should be dropped. The state attorney has agreed to drop the charges today finally. It has been a very emotionally and humiliating draining time with this case. I have been told by many close friends that I should have been just issued a citation and not taken through all of this. I am so angry. I have also been told I may have a chance at suing for false arrest. Does anyone know if there is anything I can do and if my rights were at all violated although I should have not left my children alone at anytime.


    Thank-you.

    For the most part this is how the police report reads with the details I have given to you about the case.
    Last edited by IOMEGAZZ27; 11-18-2004 at 10:04 AM.
  2. #2
    rmet4nzkx is offline Senior Member
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    Nomination for next year's most stupid post contest

    Are you kidding?
    You knew when you left your children in a running car that endangered them or were you hoping someone would abduct them?
    You compounded that by parking in a fire lane and you are worried about violating YOUR rights?
    You are basically getting off on a diversion program and your job may still be in jeopardy, how can they trust you with responsibility for anyone with your severe lack of good judgement?
    Did you learn anything from your 2 days in jail?
    I nominate this for the most stupid post contest.
  3. #3
    IOMEGAZZ27 Guest

    Excuse me...

    I am not going to a diversion program. The charges have been dropped all together. Did you not read the post? The punishment should fit the crime is all I am trying to prove. I asked for opinions of persons who actually know what they are talking about. You are just giving your own opinion. Which really doesn't mean anything at all. If there is anyone that can give me some real legal advice please respond. Also, if you get a chance why don't you review Florida state laws for what to do in a case such as mine.

    Thank-you.
  4. #4
    racer72 is offline Senior Member
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    The fact is you have no claim. Your friends do not know the meaning of false arrest. You were suspected of committing a crime and arrested. False arrest means being unlawfully detained by someone that does not have the authority to arrest you. What happened to you does not meet the definition of false arrest.
    Last edited by racer72; 11-18-2004 at 12:29 PM.
    If you feel my answer is rude, mean, snarky or in anyway not to your liking, I did my job. You don't need to tell me.

    No private messages, I do not reply to them.
  5. #5
    IOMEGAZZ27 Guest
    I will accept any and all answers to my question that was asked. I didn't ask for people's personal opinions. I understand it may not be what I thought. That would be crazy for me to assume that. That is my main reason for posting to get some real advice on my situation.


    Thanks again for all comments that refer directly to the question.
  6. #6
    rmet4nzkx is offline Senior Member
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    Quote Originally Posted by IOMEGAZZ27
    I am not going to a diversion program. The charges have been dropped all together. Did you not read the post?

    This is what you said, I based what I said on that statement and your demonstrated ignorance. "The state attorney refered my case to pre-trial intervention. I ended up having to hire an attorney. My attorney last wednesday typed up a letter and sent it to the state attorney after reviewing prior cases as to why my case should be dropped. The state attorney has agreed to drop the charges today finally."

    The punishment should fit the crime is all I am trying to prove. I asked for opinions of persons who actually know what they are talking about. You are just giving your own opinion. You are talking in circles here, you just don't like the fact that you don't like my opinion and you knowingly broke the law, not me! You are right though, the punishment should fit the crime, you are lucky they didn't take your children away from you until you can prove you have better judgement and you should be kissing the feet of the attorney who got you out of this mess and you should be asking them if your rights were violated or you can sue for false arrest or don't you think they would have already discussed that with you if you really had a case or do you not think that they know what they are doing?
    Which really doesn't mean anything at all. If there is anyone that can give me some real legal advice please respond. Also, if you get a chance why don't you review Florida state laws for what to do in a case such as mine.

    Thank-you.
    Why don't YOU review Florida law and case law yourself?

    My nomination still stands.
  7. #7
    IOMEGAZZ27 Guest
    Thanks rmet for your comments. If anyone else would like to respond please by all means do so.

    Thanks
  8. #8
    racer72 is offline Senior Member
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    You're probably going to get all the responses your going to get to your question. Most of us on these forums do not step on each others toes when a question has been legitimately answered. You have received valid answers to your questions. If you wish to expand on the answers you received, print out this thread and pay an attorney to review the answers. Don't be surprised if you are told there is nothing that can be done, you are the only one that broke any laws.
    If you feel my answer is rude, mean, snarky or in anyway not to your liking, I did my job. You don't need to tell me.

    No private messages, I do not reply to them.
  9. #9
    Shay-Pari'e is offline Senior Member
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    (QUOTE)I have been told by many close friends that I should have been just issued a citation and not taken through all of this.(QUOTE)

    I guess your friends care as little about their children as you do. My opinion is you lack good parenting skills. What were you *not* thinking about when you left them in a running car?

    Can you even answer that?
  10. #10
    stevek3 is offline Member
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    Quote Originally Posted by IOMEGAZZ27
    What is the name of your state?FLORIDA

    On October 24th around 5:00pm I parked my car in the fire lane in front of a grocery store about 100ft away. I left my 4 and 7 year old children in the back seat with the car running while I ran in the store. The total time the children were left unsupervised was 10 minutes. The police took my children and I back into the front of the store at the customer service counter while he called his supervisor to ask what to do. The supervisor told him to arrest me. The police also called his supervisor with help on how and what to say in his report. He called child protective custody to the scene. My family was able to pick the children up. The judge set my bail at $15,000 and also ordered I be supervised at all times with the children. I stayed in jail 2 days until I could come up with the money. I could not return to work at all because I work for a half-way house which is ran by the Federal Government and I can not have felony charges pending. I have no prior record. The state attorney refered my case to pre-trial intervention. I ended up having to hire an attorney. My attorney last wednesday typed up a letter and sent it to the state attorney after reviewing prior cases as to why my case should be dropped. The state attorney has agreed to drop the charges today finally. It has been a very emotionally and humiliating draining time with this case. I have been told by many close friends that I should have been just issued a citation and not taken through all of this. I am so angry. I have also been told I may have a chance at suing for false arrest. Does anyone know if there is anything I can do and if my rights were at all violated although I should have not left my children alone at anytime.

    Thank-you.
    You parked in a FIRE LANE. You left the CAR RUNNING. You left TWO VERY SMALL CHILDREN ALONE IN A RUNNING CAR PARKED IN A FIRE LANE. You believe YOUR rights were violated? The law never makes exceptions for alleged "parents" that have the compelling urge to wait in line to buy Twinkies, beer, cigarettes and lotto tickets while their babies rot in the sun in a moving 1976 Chevy Nova. Lady, you are very lucky that Jeb Bush didn't personally squeeze your butt into the electric chair.
  11. #11
    IOMEGAZZ27 Guest
    Actually, I have a couple of civil rights attorneys that have informed me I have a case and also want to represent me. I only posted here to see if sites like these actually can help someone who needed legal advice and maybe couldn't afford to hire an attorney, unlike myself. I understand how emotional you guys feel about the children being left in the car alone but the truth is in Florida it doesn't rise to the level of needing to be arrested.

    Thanks again.

    Here is the law:

    316.6135 Leaving children unattended or unsupervised in motor vehicle; penalty; authority of law enforcement officer.--

    (1) No parent, legal guardian, or other person responsible for a child younger than 6 years of age shall leave such child unattended or unsupervised in a motor vehicle for a period in excess of 15 minutes; however, no such person shall leave a child unattended for any period of time if the motor of the vehicle is running or the health of the child is in danger.

    (2) Any person who violates the provisions of subsection (1) is guilty of a noncriminal traffic infraction, punishable by a fine of:

    (a) Not more than $100; or

    (b) Not less than $50 and not more than $500 if the motor of the vehicle was running or the health of the child was in danger at the time of the violation.

    (3) Any law enforcement officer who observes a child left unattended or unsupervised in a motor vehicle in violation of subsection (1) may use whatever means are reasonably necessary to protect the minor child and to remove the child from the vehicle.

    (4) If the child is removed from the immediate area notification should be placed on the vehicle.

    (5) The child shall be remanded to the custody of the Department of Children and Family Services pursuant to chapter 39, unless the law enforcement officer is able to locate the parents or legal guardian or other person responsible for the child.
  12. #12
    stevek3 is offline Member
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    Quote Originally Posted by IOMEGAZZ27
    Actually, I have a couple of civil rights attorneys that have informed me I have a case and also want to represent me. I only posted here to see if sites like these actually can help someone who needed legal advice and maybe couldn't afford to hire an attorney, unlike myself. I understand how emotional you guys feel about the children being left in the car alone but the truth is in Florida it doesn't rise to the level of needing to be arrested.

    Thanks again.

    Here is the law:

    316.6135 Leaving children unattended or unsupervised in motor vehicle; penalty; authority of law enforcement officer.--

    (1) No parent, legal guardian, or other person responsible for a child younger than 6 years of age shall leave such child unattended or unsupervised in a motor vehicle for a period in excess of 15 minutes; however, no such person shall leave a child unattended for any period of time if the motor of the vehicle is running or the health of the child is in danger.

    (2) Any person who violates the provisions of subsection (1) is guilty of a noncriminal traffic infraction, punishable by a fine of:

    (a) Not more than $100; or

    (b) Not less than $50 and not more than $500 if the motor of the vehicle was running or the health of the child was in danger at the time of the violation.

    (3) Any law enforcement officer who observes a child left unattended or unsupervised in a motor vehicle in violation of subsection (1) may use whatever means are reasonably necessary to protect the minor child and to remove the child from the vehicle.

    (4) If the child is removed from the immediate area notification should be placed on the vehicle.

    (5) The child shall be remanded to the custody of the Department of Children and Family Services pursuant to chapter 39, unless the law enforcement officer is able to locate the parents or legal guardian or other person responsible for the child.

    You, my friend, are totally without a clue. Instead of looking at yourself in the mirror, beating yourself over the head for being a filthy carp of a mother, and making a vow never to do it again, you're out chasing the ambulance chasers to protect "rights." Not the egregiously violated rights of the children, mind you. No, of course not. The rights supposedly violated? Naturally, it's the violated rights of the narcissistic moron making the six-hour pit stop inside the liquor store, with your kids alone, sucking down the carbon monoxide, the car keys in the ignition in a fire zone.

    Unbelievable.
  13. #13
    rmet4nzkx is offline Senior Member
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    The more you post, the more you prove that you are an idiot and the post still deserves a nomination for stupidist post of the year.

    Ha, Ha, You are so funny, you have money for an attorney and attorneys fighting to take you case and you come here to ask questions, please....
    You have enough money to pay for a very large retainer to fight a case that you will lose? They are not going to represent you on contingency, that is for sure.

    You quote FL law about one thing, but forgot that you were also parked in a FIRE lane, not to mention a number of other valid charges that could have been brought. Perhaps leaving the children unattended in a car might be as little as a non moving traffic violation, this allowed the lopice to take whatever means necessary to secure the safety of your children and to remand them to CPS, none of that violated your rights and was well within the law, including your arrest and incarceration, because you were in violation of more than one violation. YOu need to look up all the charges and the ramifications for multiple violations, not just the least of the charges.

    In my professional opinion as a forensic evaluator, your custody of your children should be limited for some time, nor should you have responsibility for others, so there goes your employment.
  14. #14
    mom_of_five is offline Junior Member
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    Quote Originally Posted by IOMEGAZZ27
    What is the name of your state?FLORIDA

    On October 24th around 5:00pm I parked my car in the fire lane in front of a grocery store about 100ft away. I left my 4 and 7 year old children in the back seat with the car running while I ran in the store. The total time the children were left unsupervised was 10 minutes. The police took my children and I back into the front of the store at the customer service counter while he called his supervisor to ask what to do. The supervisor told him to arrest me. The police also called his supervisor with help on how and what to say in his report. He called child protective custody to the scene. My family was able to pick the children up. The judge set my bail at $15,000 and also ordered I be supervised at all times with the children. I stayed in jail 2 days until I could come up with the money. I could not return to work at all because I work for a half-way house which is ran by the Federal Government and I can not have felony charges pending. I have no prior record. The state attorney refered my case to pre-trial intervention. I ended up having to hire an attorney. My attorney last wednesday typed up a letter and sent it to the state attorney after reviewing prior cases as to why my case should be dropped. The state attorney has agreed to drop the charges today finally. It has been a very emotionally and humiliating draining time with this case. I have been told by many close friends that I should have been just issued a citation and not taken through all of this. I am so angry. I have also been told I may have a chance at suing for false arrest. Does anyone know if there is anything I can do and if my rights were at all violated although I should have not left my children alone at anytime.


    Thank-you.

    For the most part this is how the police report reads with the details I have given to you about the case.
    PA

    It is my opinion that you deserved what happened. Why would you ever leave two young children alone in a running vehicle???? Have you thought at all about what could have happened in those 10 minutes you were in the store? Shame on you and kudos to the officer who cared enough about your children to make an issue out of your wrong-doing.

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