left kids in the car on a cool fall day for 5 minutes while i went into the store

[ad4517]

i left my kids in the car long enough to run into the store grab two TV dinners and go back to the car. it was a 60 degree fall day. by the time i came back the cops showed up. i was charged with misdemeanor child endangerment. i have no prior record, have a clean drivers license ect ect. what can i expect? should i get a public defender. what i did was probably wrong but i think that was overkill. my oldest is 7 and he has a brother that was also in the car (1year old). i literally ran into the store and out, they were not in there an extended period of time.

what i can i expect out of this?

 

[quincy]

i left my kids in the car long enough to run into the store grab two TV dinners and go back to the car. it was a 60 degree fall day. by the time i came back the cops showed up. i was charged with misdemeanor child endangerment. i have no prior record, have a clean drivers license ect ect. what can i expect? should i get a public defender. what i did was probably wrong but i think that was overkill. my oldest is 7 and he has a brother that was also in the car (1year old). i literally ran into the store and out, they were not in there an extended period of time.

what i can i expect out of this?

What is the name of your state?

Did you leave your car running or keys in the ignition? Were doors unlocked? Windows down?

 

[adjusterjack]

i literally ran into the store and out

No, you didn't.

Somebody walked by your car, saw your children, called the cops, and the cops probably took several minutes or longer to get there.

Do you have any idea how many children get abducted within minutes of a parent's inattention?

This has nothing to do with the weather.

what i can i expect out of this?

Trouble with a capital T.

 

[quincy]

You will need to provide your state name if you want to know how the "Trouble with a capital T" translates into possible criminal penalties ... but, yes, you will want an attorney's assistance.

 

[not2cleverRed]

As previously stated, the state matters.
An example of some of these differences: https://www.kidsandcars.org/resources/state-laws/

And while the day was cool, if the law states that you cannot leave the children in the car unattended for more than 5 minutes, then that's the law.
And if the law in your state says that it's a violation to leave a children under the age of 12 alone in the car 8 AM - 5 PM, then that's the law.

There was an 11 year old on Long Island that died last month after being left in a car. She had fallen asleep on the way home, and the mother hadn't noticed that she was in the car, still asleep, after taking the groceries inside.

 

[Mass_Shyster]

Somebody walked by your car, saw your children, called the cops, and the cops probably took several minutes or longer to get there.

I'm curious to know how you know that the person who walked by the car was not a police officer. Do you have any other information about this case that may be relevant?

 

[Just Blue]

i left my kids in the car long enough to run into the store grab two TV dinners and go back to the car. it was a 60 degree fall day. by the time i came back the cops showed up. i was charged with misdemeanor child endangerment. i have no prior record, have a clean drivers license ect ect. what can i expect? should i get a public defender. what i did was probably wrong but i think that was overkill. my oldest is 7 and he has a brother that was also in the car (1year old). i literally ran into the store and out, they were not in there an extended period of time.

what i can i expect out of this?

If you are in the US you will likely have CPS involved in your life for quite some time. Please post the state and exact charges you were cited for. Thanks.

 

[ad4517]

im in ny state, looking at that chart there are no current laws only proposed laws. im guessing the criminal charges wont stick and it will end up being a violation of some type. i was charged with 260-10, but i doubt that's going to stick. i do need a lawyer, i have no priors. in the era i grew up it was commonplace for kids to be left in a car for a few minutes, my own parents left me in the car a number of times when i was a child i am sure of that. does that mean im going to do this again...... heck no, im only going to take my kids in public now only when absolutely necessary, and when it is nessary i wont leave them in the car under any circumstances. i can see the next thing happening, disciplining the kids in public and having the cops called yet again (even if its only verbal discipline ). im done with out society i will do my job and go home, order what i need to live from home except for the groceries and gas in the car. i will pickup what i need BEFORE i get my kids from the babysitter (items for dinner, gas in the car). im really starting to hate our society.


i have always stayed out of trouble and kept my nose clean, i am 37 years old i have never been arrested. frankly if the cop just had a conversation with me about it, it would have been enough...... but NOPE they want my money. i made a judgement error as a parent but to turn that into a criminal matter when they were actually not in any danger.

btw the keys were in my pocket and not in the ignition, of course im not going to leave the keys in the car.

the thing about this i asked the cop what is the legal age to allow your child to stay in a car unattended, he did not know. if you dont know, how are you enforcing a law that you have no knowledge about?

https://law.onecle.com/new-york/penal/PEN0260.10_260.10.html

 

[adjusterjack]

the thing about this i asked the cop what is the legal age to allow your child to stay in a car unattended, he did not know. if you dont know, how are you enforcing a law that you have no knowledge about?

Why should he know it? The statute doesn't address it other than the child is under 17.

Stands to reason that you can leave your 16 year old licensed driver in the car while you run into the store, maybe even younger. I don't know where the line gets drawn, but a 1 year old and 7 year old? No.

 

[Just Blue]

im in ny state, looking at that chart there are no current laws only proposed laws. im guessing the criminal charges wont stick and it will end up being a violation of some type. i was charged with 260-10, but i doubt that's going to stick. i do need a lawyer, i have no priors. in the era i grew up it was commonplace for kids to be left in a car for a few minutes, my own parents left me in the car a number of times when i was a child i am sure of that. does that mean im going to do this again...... heck no, im only going to take my kids in public now only when absolutely necessary, and when it is nessary i wont leave them in the car under any circumstances. i can see the next thing happening, disciplining the kids in public and having the cops called yet again (even if its only verbal discipline ). im done with out society i will do my job and go home, order what i need to live from home except for the groceries and gas in the car. i will pickup what i need BEFORE i get my kids from the babysitter (items for dinner, gas in the car). im really starting to hate our society.


i have always stayed out of trouble and kept my nose clean, i am 37 years old i have never been arrested. frankly if the cop just had a conversation with me about it, it would have been enough...... but NOPE they want my money. i made a judgement error as a parent but to turn that into a criminal matter when they were actually not in any danger.

btw the keys were in my pocket and not in the ignition, of course im not going to leave the keys in the car.

the thing about this i asked the cop what is the legal age to allow your child to stay in a car unattended, he did not know. if you dont know, how are you enforcing a law that you have no knowledge about?

https://law.onecle.com/new-york/penal/PEN0260.10_260.10.html

Wow.

 

[not2cleverRed]

im in ny state, looking at that chart there are no current laws only proposed laws. im guessing the criminal charges wont stick and it will end up being a violation of some type. i was charged with 260-10, but i doubt that's going to stick. i do need a lawyer, i have no priors. in the era i grew up it was commonplace for kids to be left in a car for a few minutes, my own parents left me in the car a number of times when i was a child i am sure of that. does that mean im going to do this again...... heck no, im only going to take my kids in public now only when absolutely necessary, and when it is nessary i wont leave them in the car under any circumstances. i can see the next thing happening, disciplining the kids in public and having the cops called yet again (even if its only verbal discipline ). im done with out society i will do my job and go home, order what i need to live from home except for the groceries and gas in the car. i will pickup what i need BEFORE i get my kids from the babysitter (items for dinner, gas in the car). im really starting to hate our society.


i have always stayed out of trouble and kept my nose clean, i am 37 years old i have never been arrested. frankly if the cop just had a conversation with me about it, it would have been enough...... but NOPE they want my money. i made a judgement error as a parent but to turn that into a criminal matter when they were actually not in any danger.

btw the keys were in my pocket and not in the ignition, of course im not going to leave the keys in the car.

the thing about this i asked the cop what is the legal age to allow your child to stay in a car unattended, he did not know. if you dont know, how are you enforcing a law that you have no knowledge about?

https://law.onecle.com/new-york/penal/PEN0260.10_260.10.html

When there is a vague law such as 610-10, it does not mean that you have carte blanche to leave your kids in the car unattended. It means the judge has leeway to interpret based in the individual circumstances, and whatever precedents has been set in case law.

You left a 1 year old in the car with a 7 year old.

There is no state in the union where a 7 year old is considered competent to baby sit a 1 year old. Even though New York does not have any laws setting the minimum age for a child to be left on its own without a sitter, that does not mean that you necessarily have a valid/winning defense. There is a reason why the American Red Cross doesn't offer Babysitting Certification for children under the age of 11: children under the age of 12 are not considered to be developmentally ready, from a cognitive standpoint, to consistently deal with the potential risks that arise during babysitting.

You left the children in the car. Are you aware that there are cases of children who have died in a car when the ambient temperature has been as low as 63 degrees?

If the doors were locked, you have the issue of whether the children could get out.
If the doors were unlocked, you have the issue of whether someone could just as easily abduct the children, or the 7 year old could wander off.

I am *really* hoping that you are a newly single parent, or that you only have visitation with your children, because your attitude towards parenting is craptastic.

You should not have any expectation of getting off easy with a warning.

 

[not2cleverRed]

P.S. I am in New York state.

 

[HighwayMan]

im in ny state, looking at that chart there are no current laws only proposed laws.

Of course there are existing laws - you got charged with violating one!

im guessing the criminal charges wont stick and it will end up being a violation of some type. i was charged with 260-10, but i doubt that's going to stick.

Well gee, sounds like you have all the bases covered. You shouldn't need an attorney since you have it all down pat. Good luck in court.

 

[ad4517]

i have an attorney cost me $1500. he says with no criminal background im looking at a 6 month ACD. frankly when i was growing my parents would leave me in the car for a few minutes, it was common place. that however was a different era. my 7 year old would not run off, i know my kid. i have changed my habits. if i need gas, i get it before i pick the kids up; if i need something to eat i get it before i pick them up. i am no longer taking my kids in public unless absolutely nessary, and no i wont leave them in the car period. i made a mistake and came from an era when it was not uncommon.

 

[ad4517]

the law i got charged with is a very blanketed law open to interpretation. i will get this taken care of and move on.