Can I be charged based on a child's statement? 6 Answers as of February 22, 2012

How can I be charged with Endangering the Welfare of a Child and Harassment on a statement that a child made while this child was angry?

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Edward  D. Dowling IV Attorney at Law
Edward D. Dowling IV Attorney at Law | Edward D. Dowling IV
There is no age restriciction on whether a child is competent to testify or make a statement. however the charges still have to be proven in court. Charges are only allegations not convictions.
Answer Applies to: New York
Replied: 2/22/2012
Law Offices of John Carney
Law Offices of John Carney | John Carney
You can be charged with any crime if the witness is old enough to tell the police what happened and the police believe them. If the child is under 5 years old the prosecutor may have a problem proving the case unless there is other evidence to prove that you committed the crime. It is relevant that the complainant is angry because it may be evidence that the child was in danger in some way or that they have a grudge against you and are making it up. Either way it is one fact that can be taken into consideration.You should retain an attorney to handle the case, especially if the child was injured or placed in danger. You could lose your custody or visitation if convicted of such crimes.
Answer Applies to: New York
Replied: 2/20/2012
Lutwin & Lutwin, LLP | Joel M. Lutwin
The child's statement can be used as a basis to arrest and charge you- however you should retain an attorney.
Answer Applies to: New York
Replied: 2/17/2012
Palumbo and Kosofsky
Palumbo and Kosofsky | Michael Palumbo
You can be charged just as you seemingly were charged.
Answer Applies to: New York
Replied: 2/17/2012
Bruce Plesser | Bruce Plesser
If the child is competent, the child's testimony is admissible and certainly enough to charge you with a crime.
Answer Applies to: Florida
Replied: 2/17/2012
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