Philadelphia Risk of Injury to a Minor Cases
In Philadelphia, the DHS, or Department of Human Services, responds to claims of endangering the welfare of a child (EWOC). When dealing with a child, they are a mandatory reporter of any claims of injury or sexual abuse. The same goes for schools, teachers, and other officials who work with children in an official capacity. They will refer the case for investigation to police authorities. This will go to the special police unit that are familiar with child witnesses and sex crimes.
This means that the child will be interviewed at the Philadelphia Children Alliance (PCA). They will have a PCA video interview in which a child interviewer will interview the child and talk to them in a child-friendly manner to get them to talk about what happened to them. They will investigate while the video is recording. This is all used as evidence in the case.
If you have been accused of endangering the welfare of a child, it is best to seek help from a diligent risk of injury to a minor lawyer. They could help you understand the nuances of Philadelphia risk of injury to a minor cases.
What Happens After a Child Endangerment Arrest in Philadelphia?
A common pleas judge, the highest level of judge in the Philadelphia Court System, will hear Philadelphia risk of injury to a minor cases. After a child endangerment arrest, the person will go to Room 5F for their preliminary hearing or their trial listing in the Family Court Building. The first step in the case is an arraignment and the setting of bail. If the bail is too high for the person to pay, then they will stay in custody. They will be brought over from the local prison on State Road to the Family Court Room for them to have their preliminary hearing with the child.
At a preliminary hearing, their case will be held over for trial and go to pretrial conference. If it is listed simply for trial, then their case will be sent directly into a trial room where they can prepare with their attorney either to plead guilty or not guilty.
Cases Without Sexual Contact or Conduct
Risk of injury cases without sexual contact will typically be much more likely to involve misdemeanor charges without any SORNA or Megan’s Law registration requirement. Sex crimes against children will typically have SORNA or registration requirements at the end of the case. Those are very serious penalties that restrict people’s ability to live in certain areas and travel. They also must report if they move.
Those requirements and the Megan’s Law Registration can have a serious effect on the convicted person’s ability to get future employment or to continue to keep their current employment.
The Criminal Court Process
The Philadelphia risk of injury to a minor court cases are a six-fold process. The first step is a preliminary arraignment where the person’s bail amount is set, and the foremost charges are revealed if the prosecutor has chosen to move forward. The next step is a second preliminary hearing. This is an early-stage hearing in which the basic outline of the case will be put forward by a child witness. Alternatively, an investigating officer may recount the interview they had with a chance for the defense attorney to object or challenge the evidence through the questioning of the witnesses.
Next, the case will go to a pretrial conference. A pretrial conference is when a case will have discovery and motions to examine the case in finer detail. Then the case will be listed for trial, and the person will have to appear in court to defend themselves against the charge.
Penalties for EWOC
The potential penalties for EWOC cases are typically higher than if the injury happened to an adult. The court and the common law prosecutors will take their duty to protect the individual much more seriously if they are dealing with a minor, especially someone who is in the custodial care of an adult. Punishment is stricter in terms of incarceration, and probation often has harsher requirements. They can also order intense rehabilitation, counseling programs, or treatment if the cause was drug or alcohol-related.
How a Risk of Injury to a Minor Attorney Could Help
A person facing a risk of injury to a minor charge should contact a Philadelphia defense lawyer immediately because the court will take it very seriously. These charges will happen while the person is incarcerated. At the very least, a person will always be facing the risk of incarceration if convicted. The courts and the prosecutors take these cases very seriously because of the risk that this could happen again to another child or to the same child.
Additionally, the risk of stigma for being an abuser of children is very high and could follow someone around for a very long time if their case is not handled correctly. The advantage of working with a lawyer who is trained in dealing with sex crimes and child witnesses is that they will know how to accurately and correctly challenge the witness’ credibility in a way that the court, judge, or jury will find compelling. They may be able to show where the child witness may have gotten the facts mistaken, or the story was fabricated. Call today to learn more about Philadelphia risk of injury to a minor cases.