Misdemenor child abuse

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Latest post 12-19-2012 9:38 AM by ClydesMom. 8 replies.
  • 12-17-2012 9:12 PM

    • Nitta
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    Misdemenor child abuse

    In November 2009 I was charged with child abuse because i allowed someone to watch my child while i went to work and they ended up leaving them home alone. One of ther family memebers found out and they called the police. I was at work when i received that call to come home your child was found locked in the house in her room. I could not do anything but cry did not know what to do so my boss let me go home. When i got there no one was there so i had to go to the office of my apartment complex. There i saw my child and the family of the person who I allowed to watch my child including the person. I asked her what she do why did she leave my daughter in the house by her self all she could do was apologize. I told the case worker and the police that i didnt do it and the person who did it also told them but because I was her mother they charged me. I never been in trouble before had a clean record all my life no DUI only minor traffic violations. They were going to charge me with a new law they came out with that would have been a felony but the DA dropped it and only charged me with misdemenor child abuse. I got a year of probation so that i could pay off my lawyer fee and court cost once that was paid i was no longer on probation. I been trying to find work but its been hard I had to result in be homeless cause no job would hire me with this on my record I wont to know how or if I can get it taken off so that I can make a better life for me and my kids. I know i made a bad judgement on someone and never again will I allow that to happen I am a good mother and even the police that arrested me said that cause I seem me working and taking care of my kids. Even when they took my daughter away they my case worker was suppose to help me with getting and doing what i need but she did not i did everything my self and when I went to court i had everything on point for the judge. They only took her for two months and that its. Please can you help me

  • 12-18-2012 4:43 PM In reply to

    Re: Misdemenor child abuse

    "... i allowed someone to watch my child while i went to work and they ended up leaving them home alone."

    Interesting, unless it's asserted that you knew or had reason to know this person was unsuitable.

    "There i saw my child and the family of the person who I allowed to watch my child including the person."

    And how did this "family of the person who I allowed to watch my child" get into your house?

    "I asked her what she do why did she leave my daughter in the house by her self ...."

    This is a bit garbled, since it follows a comment about how you went to the office and ran into "the family of the person who I allowed to watch my child" (not the person you got/allowed to watch the child).

    It's unclear why your lawyer wouldn't counsel you to appeal if you were found guilty (that said, you haven't provided any information about whether the DA asserted that you knew or should have known this person you had watching the kid would leave her/him alone).

    "I got a year of probation so that i could pay off my lawyer fee and court cost once that was paid i was no longer on probation."

    I'm not sure why your "lawyer fee" would have anything to do with it (vs. just court costs and perhaps a fine).  Anyway ...

    It seems that asking the court to waive whatever $$$ it imposed on you as a probation term would be a good idea.

    You don't indicate this was a conviction that the court indicated could "be taken off" (say, a probation before judgment).

    "Even when they took my daughter away they my case worker was suppose to help me with getting and doing what i need ..."

    It's unclear what you mean here, but it seems neither here nor there (except possibly something to have complained about to the director of the child protective services commission for whom she works).

    "Please can you help me"

    All folks on the message board can provide here is feedback to your questions, I'm afraid.

  • 12-18-2012 5:04 PM In reply to

    Re: Misdemenor child abuse

    Unfortunately, NC does not allow for expungement of adult convictions.  However, 5 years after completing probation, you can petition for a pardon from the governor.  Consult local counsel. 

  • 12-18-2012 5:07 PM In reply to

    Re: Misdemenor child abuse

    If I were you, I'd talk with local legal aid society or other community resources (you indicate you're homeless; if using shelters, you may seek out resources that way).

    I also belatedly conclude that perhaps this person you allowed/got to watch the child was a minor (otherwise, that you alone were charged doesn't make a lot of sense).

  • 12-18-2012 5:57 PM In reply to

    Re: Misdemenor child abuse

    There's got to be more to this.

    Parents leave their kids in the care of others all the time, and leaving your kid with a responsible adult or teenager isn't a crime -- even if the "babysitter" does something improper -- unless the parent knew or had reason to know that the "babysitter" was likely to do something improper.  How old was the child, and how old was the "babysitter."  Why were you charged even though you had left the child with someone else?  Why did you (apparently) plead guilty?  Who "found" the child "locked in the house in her room"?  How was that person in a position to get into your house to find the child?  Was the child harmed in any way as a result?

    While these questions aren't terribly relevant to the question you asked, it will help us better understand how this happened.

  • 12-19-2012 7:14 AM In reply to

    • Nitta
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    Re: Misdemenor child abuse

    I had no idea that she would do something like this I trusted this person to watch my child. My child was 4 and the babysitter was 20. They told me because she was my child and the ones that called the police told them something bout me but would nt tell me. When they called the police on me they got the landlord to open the apartment to see if my child was in there thats how they found her. Later i found out that she thought if they do this to me that the girls family that called the police would get custody of my daughter thats why they were there. I plead no contest my lawyer told me to do that cause they had evidence that could really hurt me and none that could get the babysitter beside my word her family teamed up to try and get me locked up they manipulated the police the family new me well and had been planning this for a while.They said she was not harmed in anyway. 

  • 12-19-2012 7:33 AM In reply to

    • Nitta
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    Re: Misdemenor child abuse

    When they called the police they told them that they believe my child is in the home alone locked in her bedroom so they got the landlord to open the door that were they found her in her room. I did not know that they would do that it was someone i trusted and they have watched my child before so did not understand why. My lawyer which i ended up having like two of them when we went to court I had did and had paper work on everything that CPS wonted me to have so to get my child back so i gt her back then had to go back to court this time with a different lawyer cause mines moved away my lawyer just told me to take the misdemenor since i have never been in trouble in my life i would get probation once i pay off my lawyer fees and court cause i can get off probation. They put me on supervised probation to make sure that it dont happen again after 3 months they took it off to regular probation. I am not sure did nt ask my lawyer i was new to all this did nt know who to talk to had never been in trouble before so i was scared and just wonted it to be over.

  • 12-19-2012 7:35 AM In reply to

    • Nitta
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    Re: Misdemenor child abuse

    Is this something new they started cause someone told me that it could be done as long as i can show that its in paring me to live my life 

  • 12-19-2012 9:38 AM In reply to

    Re: Misdemenor child abuse

    Nitta:
    Is this something new they started cause someone told me that it could be done

    Unless "someone" was a lawyer they are wrong.  Some states do allow for expungement of convictions but it is typically reserved for very specific cases such as first time drug offenders, shop lifting, very minor misdemeanors.  Expunging abuse and neglect cases is almost impossible.  NC does not allow for that.  Your remedy as gemini said is to apply for a pardon five years after the conviction.

    "That's just my opinion, then again I might be wrong."  Dennis Miller

     

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