Charge: Child Endangering, First Degree Misdemeanor (maximum 180 days in jail and $1,000 fine).
Facts: Client was charged with Child Endangering after leaving her 2 year old and 4 year old children alone in the car for five minutes while she went into a store. The two children were strapped in their car seats, the car was running, and the air conditioner was on. Additionally, Client looked away from the vehicle only momentarily as she paid for the item in the store. When Client returned to her car she was confronted by several officers who issued her a citation for Child Endangering.
Client had no prior offenses and wanted to be able to expunge the child endangering charge if she was convicted at trial; however, a conviction for child endangering in Ohio cannot be expunged.
Result: At the pretrial hearing, I was successfully able to negotiate with the Assistant Prosecutor for a plea offer of Attempted Child Endangering in exchange for Client’s change of plea. The charge of Attempted Child Endangering does not preclude expungement and can be expunged if the Prosecutor and Judge are in agreement. Prior to the plea and sentencing hearing, I advised Client to complete an outpatient parenting program in Columbus. Client completed the program and subsequently pleaded guilty to Attempted Child Endangering.
Client was fined $250.00. Additionally, I was able to successfully avoid both probation and jail time for Client.