leave unattended child in vehicle

[ianus66]

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

Court appearance is required since this happened in a national park. What is best course of action?

Plead guilty and pay the fine? Will this show up on public record?

Plead not guilty and get legal assistance?

thx Ianus

 

[Banned_Princess]

get legal assistance.

 

[HighwayMan]

What exactly are you charged with?

 

[HomeGuru]

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

Court appearance is required since this happened in a national park. What is best course of action?

Plead guilty and pay the fine? Will this show up on public record?

Plead not guilty and get legal assistance?

thx Ianus

**A: provide details.....

 

[tranquility]

You need legal assistance. Some people have lost their kids over something like this.

 

[ianus66]

The only info I have is: 3701.1 PA title 75.

According to park ranger (it was in a national park) I will have to appear in court and pay a fine.

Officer said since I was out of sight of the vehicle for a brief moment, I am charged.

 

[HighwayMan]

The National Park issue seems to be meaningless and apparently that is not what makes the court appearance required. You were charged with a violation of state law:
===========
§ 3701.1. Leaving an unattended child in a motor vehicle.
(a) General rule.--A person driving or in charge of a motor
vehicle may not permit a child under six years of age to remain
unattended in the vehicle when the motor vehicle is out of the
person's sight and under circumstances which endanger the
health, safety or welfare of the child.
(a.1) Applicability.--This section shall apply to the
highways and trafficways of this Commonwealth and, for the
purposes of this section only, the term "trafficways" shall
include, but not be limited to, parking lots.
(b) Penalty.--A person who violates this section commits a
summary offense. It is a separate offense for each child left
unattended.
============

For a summary offense in PA the max penalty is 90 days in jail, don't know about the fines. Same category of the law as disorderly conduct and many traffic offenses, in fact this is a traffic offense.

Can't hurt to speak with an attorney.

 

[ianus66]

I called one today, I do have an appointment coming Tuesday. According to the officer I will have to pay a fine, so that is what I expected. Additional info I found was that this is in the same category as talking on phone while driving, fine $250.-. Is jail time likely?

 

[FlyingRon]

I called one today, I do have an appointment coming Tuesday. According to the officer I will have to pay a fine, so that is what I expected. Additional info I found was that this is in the same category as talking on phone while driving, fine $250.-. Is jail time likely?

It depends on the circumstances. While most summary offenses are dispensed with fine and costs, there's nothing that keeps a judge from deciding you might need some jail time. Your lawyer will be able to tell you what you're really up against.

 

[ianus66]

Now you have me really nervous

 

[Proserpina]

Now you have me really nervous

You also need to consider that child services may become involved.

If they haven't been already.