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MIkeinPA

police officer said I was being charged

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I live in Pennsylvania, after being gone all night I come home a police officer is in my house and he tells me I was being charged with Child neglect, because my 3 year old grandson got out of the house and he brought him home. When I left my house around 7:30 the night before and I got home around 7 AM the boy's mother was there. this is the second time this has happen. How can I be charged when I left there was a legal adult who knew I was leaving and I would not be back. I do not have custody of my grandson, I just live with his parents and his sibling. when do I know if I have been officially charged when the officer tells me I was going to be charged or when I get a citation or arrested.

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1 hour ago, MIkeinPA said:

How can I be charged when I left there was a legal adult who knew I was leaving and I would not be back.

 

Because you were the first one to show up to an empty house. That gets you charged. Your story is your defense for court. The officer doesn't hold court at the scene.

 

1 hour ago, MIkeinPA said:

when do I know if I have been officially charged when the officer tells me I was going to be charged or when I get a citation or arrested.

 

You'll just have to wait and see. While you wait you might be checking with the local criminal court to see if your name comes up.

 

It'd be a good idea to talk to a lawyer.

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On 7/20/2019 at 5:01 AM, MIkeinPA said:

How can I be charged

 

You can be charged if the prosecuting attorney (not the officer) believes there is probable cause that you committed a crime.  That the child was left in the care of a responsible adult is something that ought to be brought to the attention of all involved.  If true, it should prevent a conviction.

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The Police was told that he was ,ore or less who cares, He was very rude and a bit of a bully and acted like he was GOD and not a officer of the law. He would not listen to what I had to say and he was going to also charge my girlfriend who doesn't even live in the house

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20 minutes ago, MIkeinPA said:

The Police was told that he was ,ore or less who cares, He was very rude and a bit of a bully and acted like he was GOD and not a officer of the law. He would not listen to what I had to say and he was going to also charge my girlfriend who doesn't even live in the house

 

A three year old wandering the streets at night. The officer had every right to behave like that to you, and worse, he could have put you in handcuffs and hauled you away after turning the three year old over to child protective services.

 

If you do get charged and you manage to convince a judge that somebody else left the child unattended, it's THAT person that should be locked up and lose custody of the child.

 

 

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adjusterjack you are missing the point I was not home and only came into the house after the police officer was already there! I came home from work and he told me I was being charged. I did what the law says and made sure a legal adult was there before I left for work

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On ‎7‎/‎22‎/‎2019 at 10:59 AM, pg1067 said:

 

You can be charged if the prosecuting attorney (not the officer) believes there is probable cause that you committed a crime.  That the child was left in the care of a responsible adult is something that ought to be brought to the attention of all involved.  If true, it should prevent a conviction.

tried to talk to the arresting office told him my side 1. I do not live in the house and have no control over my Son's child. His answer was I was being charged because my 13 year old and 9 year olds come in and out of the house all the time during the day

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52 minutes ago, MIkeinPA said:

tried to talk to the arresting office told him my side 1. I do not live in the house and have no control over my Son's child. His answer was I was being charged because my 13 year old and 9 year olds come in and out of the house all the time during the day

 

Ok.  Doesn't change a single thing I wrote previously.  It's also worth pointing out that it's not clear if you were arrested or cited or whether any criminal charges have actually been filed.  The officer telling you that you're being charged is, by itself, meaningless.

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On 7/20/2019 at 8:01 AM, MIkeinPA said:

When I left my house around 7:30 the night before and I got home around 7 AM the boy's mother was there. this is the second time this has happen.

 

What is her side of the story? Did the officer speak with her? These are questions that you will need for your defense. I would not completely rely on anything that SHE has told you as she apparently has issues of her own to deal with. Its very possible that the officer spoke to her and she advised that SHE had left first, then told you that she never spoke with the officer. Until you get the officer's report your kind of shooting in the dark.

 

 

The officer telling you that your are receiving charges is just a courtesy. Ultimately it is up to the prosecutor. If you are charged you will receive paperwork from the court. You will be notified of your official charges when you are arraigned. 

 

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On 7/22/2019 at 4:22 PM, adjusterjack said:

If you do get charged and you manage to convince a judge that somebody else left the child unattended, it's THAT person that should be locked up and lose custody of the child.

 

The case would be tried to a jury, not the judge. And if the jury acquits, the reason why the jury made that decision is not disclosed. It might be that the jury was convinced that the child was in the care of someone else, might be something different. Maybe the jury just didn't like the prosecutor, for example.

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2 hours ago, Tax_Counsel said:

The case would be tried to a jury, not the judge

 

In Pennsylvania, as in most states,  cases involving minors are tried by a Juvenile Court Judge, not a jury.

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3 hours ago, RetiredinVA said:

In Pennsylvania, as in most states,  cases involving minors are tried by a Juvenile Court Judge, not a jury.

 

Cases in which the defendant is a minor are often tried by a judge rather than jury. But I don't think the OP is a minor,  or even close to being one. The OP stated that:

On 7/20/2019 at 6:01 AM, MIkeinPA said:

I do not have custody of my grandson, I just live with his parents and his sibling. when do I know if I have been officially charged when the officer tells me I was going to be charged or when I get a citation or arrested.

 

(Bolding added.) It would be a remarkable thing if the OP were both a grandparent and still a minor (i.e. under age 18). Wouldn't you agree? 😉

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Perhaps Retired should have said in Virginia, crimes in which a juvenile is the defendant OR the victim are tried before a juvenile judge.  I don't know about  PA, but I doubt VA is the only state that way.

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48 minutes ago, RetiredinVA said:

Cases involving minors are tried in Juvenile Court's by a judge, generally because of confidentiality requirements.  

 

Where a defendant is tried for an adult offense — a crime — he or she is guaranteed the right to a jury by the federal constitution. So unless this is a very minor offense (one that equates to what the Supreme Court refers to as a petty offense) the defendant has that right to jury trial, regardless of the age of the victim. Do you disagree with that?

 

As to Pennsylvania specifically, the scope of Juvenile Court proceedings is set out in 42 Pa Cons. Stat. § 6303, which states the following:
 

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(a) General rule.--This chapter shall apply exclusively to the following:

(1) Proceedings in which a child is alleged to be delinquent or dependent.

(2) Transfers under section 6322 (relating to transfer from criminal proceedings).

(3) Proceedings arising under Subchapter E (relating to dispositions affecting other jurisdictions).

(4) Proceedings under the Interstate Compact on Juveniles, as set forth in section 731 of the act of June 13, 1967 (P.L.31, No.21), known as the Public Welfare Code.

(5) Proceedings in which a child is charged with a summary offense arising out of the same episode or transaction involving a delinquent act for which a petition alleging delinquency is filed under this chapter. The summary offense shall be included in any petition regarding the accompanying delinquent act. Upon finding a child to have committed a summary offense, the court may utilize any disposition available to the minor judiciary where a child is found to have committed a summary offense, including a finding of guilt on the summary offense.

 

 

Nothing there indicates an adult charged with a crime where a juvenile was involved gets tried in Juvenile Court. Do you have something that says they are tried in that court in Pennsylvania?

 

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1 hour ago, RetiredinVA said:

Cases involving minors are tried in Juvenile Court's by a judge, generally because of confidentiality requirements.  

 

WTF?

 

We don't have secret trials for those ADULTS that commit crimes involving minors in the US.

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On 7/22/2019 at 6:22 PM, adjusterjack said:

 

A three year old wandering the streets at night. The officer had every right to behave like that to you, and worse, he could have put you in handcuffs and hauled you away after turning the three year old over to child protective services.

 

If you do get charged and you manage to convince a judge that somebody else left the child unattended, it's THAT person that should be locked up and lose custody of the child.

 

 

But I do not live with the child of my son it was his child that got out I walked into my son;s house while the officer was there

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