Miami Leaving a Child in a Car Lawyers – A Helpful Guide
Leaving a child in a hot car can lead to tragedy. Over 900 children have died of vehicular heatstroke in the U.S. since 1990, including 7 so far this year. As a Miami parent, it’s crucial to understand the legal consequences if you accidentally leave your child in a vehicle on a hot day. This article provides a helpful overview of Florida laws, potential charges, defenses, and how an experienced Miami leaving a child in a car lawyer can help.
Overview of Florida’s Unattended Child in Vehicle Laws
Florida has clear laws against leaving a child unattended in a motor vehicle. Under Florida Statute 316.6135, it’s illegal to leave a child under 6 years old unattended in a motor vehicle for any amount of time if the conditions within the vehicle or around the vehicle present a significant risk to the child’s health or safety.
A child is considered “unattended” if they’ve been left without adult supervision or the supervision is insufficient to meet their needs. The law applies whenever a child has been left alone, even if the adult is still nearby but not inside the car.
Importantly, the law does not require proof that the child suffered any actual harm. The risk of harm is sufficient. Leaving an infant alone in a locked car in a shaded area for even a few minutes while running a quick errand into a store would violate this law.
Potential Charges for Leaving a Child in a Car
In Miami, parents who leave a child unattended in a vehicle may face the following criminal charges:
- Child Neglect – 2nd degree misdemeanor under FSS 827.03 if the child suffers no harm. Felony child neglect charges are possible if the child is harmed.
- Child Endangerment – 3rd degree felony under FSS 827.03 if the child suffers no harm. More serious felony charges apply if the child is harmed.
- Manslaughter – Felony homicide charges like manslaughter are possible if the child dies. Prosecutors may allege the parent’s negligence caused the child’s death.
These criminal charges can mean heavy fines and years in prison. Felony convictions also mean losing civil rights like voting and gun ownership. Any parent facing charges for leaving a kid in a car needs an experienced criminal defense lawyer.
Defenses a Miami Lawyer Can Raise
While leaving a child alone in a car is always dangerous, Florida law recognizes certain defenses that could lead to reduced or dismissed charges:
- No Significant Risk of Harm – If the conditions were relatively safe, like a cooler day or the child was gone just a very brief time, the defense can argue no significant risk of harm existed.
- Lack of Intent – If there’s evidence the parent genuinely forgot the child was in the car and reasonably believed they had dropped them off safely, this can rebut intent to endanger the child.
- Medical Condition – If a medical issue like dementia caused the lapse in memory, the parent may not have possessed the requisite criminal intent.
- Necessity – In a true emergency, if leaving the child in the car briefly was necessary to deal with the emergency, this defense may apply.
An experienced Miami child in car lawyer knows how to build these defenses to get charges reduced or dismissed where possible. They can also advocate for alternatives to jail time like probation, house arrest, or pretrial diversion programs.
How a Miami Lawyer Can Help After An Arrest
If you’ve been arrested for leaving a child in a car in Miami, a skilled criminal defense attorney can provide invaluable help:
- Analyze the facts of your case and applicable laws to build the strongest defense
- Negotiate with prosecutors for reduced charges or pretrial diversion
- Find and interview witnesses who can support your defenses
- Obtain expert testimony on conditions like dementia if relevant
- Gather evidence like weather reports showing mild conditions that day
- File motions to suppress evidence or dismiss charges if warranted
- Present your defense at trial if charges aren’t dropped
- Advocate for alternatives to jail time if you are convicted
Don’t go it alone against felony charges that could destroy your family and future. An experienced Miami leaving a child in a car lawyer will battle to protect your rights, freedom, and family.
Choosing the Best Miami Leaving a Child in a Car Lawyer
To find the best attorney for your case, look for these key traits:
- Deep Knowledge of Florida Criminal Laws – You need someone intimately familiar with state statutes and case law regarding child welfare, negligence, and manslaughter. Local prosecutors will be experts on these laws. Your lawyer must be too.
- Courtroom Litigation Experience – If negotiating a plea deal fails, you need a lawyer with skills honed from taking many criminal cases to trial. Their litigation experience can make the difference at trial.
- Compassion for Families – The best lawyers are not just legal experts but also compassionate advocates. Look for someone who’ll work tirelessly because they care and understand the anguish you’re facing.
- Good Reputation with Local Courts and Prosecutors – An attorney who routinely practices in local courts and negotiates with local prosecutors can use those connections to help your case. Their reputation can aid plea negotiations.
Don’t leave your family’s future in the hands of just any lawyer. Interview attorneys closely and choose someone with a proven record of success in these complex and emotional cases.
Conclusion – An Experienced Lawyer Can Defend Your Rights
As a Miami parent, I know you’d never intentionally endanger your beloved child. But Florida’s laws are unforgiving if you make the mistake of leaving a child alone in a vehicle. The costs can be devastating.
I hope this article helped you better understand the legal risks, possible defenses, and why having an experienced Miami leaving a child in a car attorney is so crucial. The right lawyer’s guidance can save your family and future. Don’t go through this alone. Call an attorney today.