Challenging a Risk of Injury Arrest in Darien
Effectively challenging a risk of injury arrest in Darien is often vital to preserving your best interests and future prospects. If you are dealing with an accusation of this nature, speaking with one of our talented defense attorneys about your legal options should be a top priority.
How Does State Law Define Risk of Injury to a Child?
There are four specific situations that may lead to someone facing criminal charges under Connecticut General Statutes (C.G.S.) §§53-21 or 53-21a for endangering the safety and/or wellbeing of their own child:
- “Willfully or unlawfully” putting their child at a situation where they are in imminent danger of physical harm and/or moral impairment;
- Engaging in sexual contact with their child or forcing their child to engage in sexual contact with them;
- Transferring physical or legal custody of their child to another person in exchange for money, services, or anything else of value, excepting adoptions executed within the rules set by state law; and
- Leaving a child under 12 unsupervised in a motor vehicle or “place of public accommodation” for a long enough amount of time that the child’s health and/or safety is in danger.
The optimal strategy for challenging a risk of injury arrest in Darien should generally center around proving that one or more core elements of the charge in question was not fulfilled, meaning the prosecution cannot obtain a conviction on definitional grounds. Such strategy will depend on the circumstances under which the defendant was arrested. For example, it may be sufficient to show that a defendant did not knowingly place their child in harm’s way in one case, while another case may be better built around an argument that the child was not left unsupervised long enough to put them at any criminally actionable risk of harm.
Dealing with DCF After Risk of Injury Charges
As soon as risk of injury charges are filed against a parent or guardian in Connecticut, the Department of Children and Families will open an investigation into the matter. Based on their observations and the evidence they collect over a maximum period of 45 days, they will offer recommendations about whether the child’s current home life provides them with a safe and secure upbringing. Accordingly, the process of fighting a risk of injury arrest in Darien is often as much a matter of challenging the assertions of a DCF investigator as it is contesting criminal charges in court.
That said, it is crucial that individuals accused of endangering their children in any way refrain from acting aggressively or standoffish with DCF representatives, as this behavior could be used as evidence against them later. Being as calm and cooperative as possible—ideally with assistance from a seasoned defense lawyer—is almost always the best way to proceed in these cases, and will minimize your chances of a negative outcome. Click here to learn more about the DCF process in CT.
Call a Darien Attorney for Help with Challenging a Risk of Injury Arrest
Challenging a risk of injury arrest in Darien is not something you should attempt without first seeking a tenacious defense attorney’s assistance. In high-stakes situations like these, guidance from qualified legal counsel can be vital not only to protecting your own best interests, but those of your children as well. Click here to read our over 300 client reviews on Avvo.com, and call us today to schedule your confidential consultation.