Unattended Confined Child Violations

Most people have extremely busy lives, but those of us who care for young children have even more on their plate.  In running around from place-to-place parents or caretakers commonly make the seemingly innocent mistake of attempting to run a quick errand or pickup without unbuckling a sleeping or comfortably awake child.  But sometimes the quick errand takes a little longer than normal and a bystander or even a police officer can spot the unattended child.  If this happens it’s often too late to talk police out of taking action, and criminal charges could ensue.  Maryland law prohibits any child under the age of 8 from being left unattended in a home, building or vehicle without the supervision of person at least 13 or older.  Many people do not realize the specifics of the law, which is why we have seen so many first-time offenders charged with this somewhat obscure statute.  The law is listed in the Family Law Article of the Maryland Code under section 5-801.  It provides for a criminal punishment of up to 30 days in jail and a $500 fine for those found guilty, so it cannot be taken lightly.
 
In the large majority of these cases the child is not actually placed in harm, as vehicles are often left running with the air conditioning or heat on.  On the other hand, the State is not required to prove the child was ever placed in danger.  The only requirement is that they prove the child was under 8 and placed out of sight of the caretaker.  This means that it is a defense if the caretaker could maintain visual contact with the child at all times.  It may not be a crime to leave a child for a minute while running into a store to pick up food or make a return if the storefront had large windows and the child was in a clear line of sight, but not all police officers know this, and charges could still be filed.  Benjamin has successfully argued for the dismissal of confined and unattended child charges under Family Law section 5-801 in numerous Maryland jurisdictions and is standing by to discuss your case.  He has handled cases where children have been left unattended in both homes and vehicles.
 
Benjamin is an experienced Maryland criminal defense lawyer who specializes in family law charges.  Many of his clients have no prior criminal record and cannot afford to have any type of conviction due to professional licenses and regular background checks.  He does whatever it takes to assure his clients rights are protected and that they are not hindered by a criminal record.  Benjamin will fight to have your case dismissed and always assists his clients with the expungement process once the case has been completed.  He accepts cases in all jurisdictions from the Eastern Shore to Allegany County and all the cities and counties in between.  Benjamin has appeared as a criminal defense lawyer in every state and federal jurisdiction in Maryland and offers flexible payment plans for all clients.  Call Benjamin 7 days a week at 410-207-2598 to set up a free consultation in person at our Baltimore City office or any other convenient location.