Blog

Local Woman Facing Child Endangerment Charges, and the Difference Between Legal Defenses and Challenging the Prosecutor's Case

Posted by Joseph D. Lento | Jun 19, 2019 | 0 Comments

A mother in the Philadelphia area has been charged with child endangerment after police claim she left her two-year-old daughter in a car for over two hours. The girl died from the incident.

Details surrounding the tragedy, however, suggest that the mother might not be the one who was responsible and illustrate the difference between raising legal defenses to a criminal accusation and challenging the prosecutor's case.

Philadelphia Woman Charged with Child Endangerment

The incident happened on May 6, 2019. A toddler in Lakewood, New Jersey – a suburb 60 miles east of Philadelphia – died after being left in the car for over two hours.

Temperatures that day ranged from the upper 60s into the low 70s. However, it seems as if the car had been turned off, with the doors and windows closed, and left in direct sunlight.

Police responded to the emergency call and found a neighbor giving the child CPR. She was rushed to the hospital but died a short time later.

Apparently, the mother had taken the child to daycare, but the child didn't want to go in. When they got back home, there was miscommunication between the toddler's mother and father about who would bring her in from the car. Each parent thought that the other one had done it.

The mother is now being charged with child endangerment. It does not appear that the father is facing a criminal charge over the incident.

Raising Legal Defenses Versus Challenging the Prosecutor's Case

Much of criminal defense law focuses on the legal defenses that a criminal defense attorney can raise on their client's behalf. It can be your Fourth Amendment rights, arguing that the police violated your constitutional rights while investigating a crime. Or it could be entrapment, arguing that police coerced you into committing a crime that you would not have done, otherwise. Or it could be insanity, arguing that you did not understand what you were doing at the time of the crime, and should not be held criminally responsible for it.

However, in some cases, a better defense strategy is simply to challenge the prosecutor's case and make it clear that they have not satisfied their burden of proof. In criminal cases, prosecutors have the burden of showing that you committed a crime and that there are no reasonable doubts that you did it. This is a high standard, and raising those reasonable doubts about their case can be a more effective defense strategy than more traditional legal defenses.

For example, in this particular case, there seems to be a serious question about which parent was responsible for bringing the toddler in from the car. Because criminal charges were only filed against the mother, any reasonable doubt that she was supposed to go back out and get the child could be enough for an acquittal.

Joseph D. Lento: Criminal Defense in Philadelphia

Joseph D. Lento is a criminal defense lawyer in Philadelphia. Contact him online or call his law office at (215) 535-5353 for the legal representation you need.

About the Author

Joseph D. Lento

"I pride myself on having heart and driving hard to get results!" Joseph D. Lento has more than a decade of experience fighting for the futures of his clients in criminal courtrooms in Philadelphia, the Pennsylvania counties, as well as New Jersey. He does not settle for the easiest outcome, and instead prioritizes his clients' needs and well-being.

Comments

There are no comments for this post. Be the first and Add your Comment below.

Leave a Comment

Contact Us Today!

Footer 2

Attorney Joseph D. Lento has more than a decade of experience successfully resolving clients' criminal charges in Philadelphia and the Pennsylvania counties. If you are having any uncertainties about what the future may hold for you or a loved one, contact the Lento Law Firm today! Criminal defense attorney Joseph D. Lento will go above and beyond the needs of any client, and will fight until the final bell rings.

This website was created only for general information purposes. It is not intended to be construed as legal advice for any situation. Only a direct consultation with a licensed Pennsylvania, New Jersey, and New York attorney can provide you with formal legal counsel based on the unique details surrounding your situation. The pages on this website may contain links and contact information for third party organizations – the Lento Law Firm does not necessarily endorse these organizations nor the materials contained on their website. In Pennsylvania, Attorney Joseph D. Lento represents clients throughout Pennsylvania's 67 counties, including, but not limited to Philadelphia, Bucks, Chester, Delaware, Montgomery, Berks, Lancaster, Lehigh, and Northampton County. In New Jersey, attorney Joseph D. Lento represents clients throughout New Jersey's 21 counties: Atlantic, Bergen, Burlington, Camden, Cape May, Cumberland, Essex, Gloucester, Hudson, Hunterdon, Mercer, Middlesex, Monmouth, Morris, Ocean, Passaic, Salem, Somerset, Sussex, Union, and Warren County, In New York, Attorney Joseph D. Lento represents clients throughout New York's 62 counties. Outside of Pennsylvania, New Jersey, and New York, unless attorney Joseph D. Lento is admitted pro hac vice if needed, his assistance may not constitute legal advice or the practice of law. The decision to hire an attorney in Philadelphia, the Pennsylvania counties, New Jersey, New York, or nationwide should not be made solely on the strength of an advertisement. We invite you to contact the Lento Law Firm directly to inquire about our specific qualifications and experience. Communicating with the Lento Law Firm by email, phone, or fax does not create an attorney-client relationship. The Lento Law Firm will serve as your official legal counsel upon a formal agreement from both parties. Any information sent to the Lento Law Firm before an attorney-client relationship is made is done on a non-confidential basis.

Menu