A Moment’s Decision, a Lifetime of Consequences: Rethinking Leaving Kids Alone in Vehicles in New Jersey
Stepping inside the building to pay for gas, dropping a bill payment through a door slot, or running back into the house to grab a forgotten item—these are all quick things to do, so quick that you might even think it’s faster to do them than it is to take your child out of the car before doing them. But if you leave your child alone in a car for tasks like these or for longer periods, there is a possibility that you could be charged with child endangerment. Before making the decision to leave your child in the car or take them with you, it is important to understand the factors that can contribute to charges and the risks you are taking. If you have already been charged with a criminal offense for leaving your child alone in the car, it is crucial to contact an experienced New Jersey criminal defense attorney to learn more about your legal options. Our criminal defense lawyers at Chamlin, Uliano & Walsh can answer your questions, address your concerns, and discuss how we can assist with defending your case. Contact us at 732-440-3950 for a consultation.
Consider the Unforeseen Dangers of Leaving Your Child Unattended in a Vehicle
Parents often make these decisions out of convenience. They determine it is faster to do something alone because the child is sleeping or sick, or the errand is so fast that they can do it in less time than it would take to get the child in and out of the car. Sometimes, these decisions may seem safe, but other factors that the parent may not be considering increase the danger of leaving their child unattended in the vehicle. These factors could include if the weather is hot, it is a location known for significant criminal activity, if a vehicle cannot be seen by parents, environmental factors such as current and forecast weather conditions, whether the child was left with water or food, or whether the car was locked. Perhaps one of the most important factors that many parents do not think of is that while they may intend to be away from the car for just a few minutes, unexpected circumstances could result in the parent being away for much longer.
Leaving a Child Alone in a Car Can Still Be Child Endangerment Based on the Scenario
Some essential factors will be considered when determining if leaving a child alone in a car would be child endangerment in New Jersey. The first is the circumstances under which the child was left in the car, such as why the child was left alone, the vehicle’s location, how long the child was in the car, and other details. The next factor is whether the child suffered any harm from being left alone in the car. The parent of a child who is unharmed after being left alone in a car is less likely (but not guaranteed) to be charged with child endangerment than a parent whose child needed to be hospitalized or died.
In addition to the circumstances under which the child was left alone and whether the child was harmed, there are additional factors that the courts consider when deciding if the case constitutes child endangerment. A small child who cannot free themselves is more likely to be harmed than an older child who can. Also, a child with a health condition that makes them prone to dehydration or susceptible to high temperatures is more likely to result in charges.
The reason the child was left unattended is also important. Emergencies are more likely to be treated with leniency than cases where the parent was shopping, eating, working, etc. A cool, cloudy day may be more understandable than a sunny summer day during a heatwave and a child left in a car with the engine and air conditioning running and doors locked or with the windows down may be seen as safer than a child left in an unlocked car that is not running with the windows up.
Whether the child was left alone or with another child or adult is also relevant. The court may be more understanding if the child was left with someone else who was believed to be mature enough to care for them than one or more small children left alone. The duration is also a factor, as a child left alone for five minutes is much different than a child left alone for the entire workday.
Finally, location and visibility can be relevant. A place perceived as safe, such as your own garage or driveway, may be more understandable than a high-crime area. Parking in an area where the parent or others could easily see if the child was in distress may reduce the chances of being charged than parking in a remote area of the parking lot or in a dark corner of a parking garage.
It’s in the Details: A Closer Look at Car Safety and Child Endangerment Laws in New Jersey
The child’s age can be relevant in determining whether to charge a parent for leaving their child alone in a car. An infant, toddler, or other small child who is still strapped into a car seat is unable to release their restraints, open a door, and step out of a hot car. An older child who is in a booster seat or a teenager is able to let themselves out of the car if they get too hot or their parent has been gone longer than expected.
Additionally, an older child is more capable of fighting back and screaming to draw attention if someone tries to steal the car or kidnap the child. An infant or toddler may cry, but bystanders may just assume that the car thief or kidnapper is just a parent with a cranky baby. However, age alone is not enough to avoid charges. Factors such as the child’s health and the location of the vehicle are also considered and even if the child is older, the parent may potentially still be charged if the other factors indicate the child was in danger by being left alone.
There is no set amount of time that is considered to be acceptable when determining the outcome of these cases. The duration the child was left is considered along with several other factors to decide whether it is child endangerment. The same amount of time may be fine in one circumstance and harmful in another. Therefore, if parents are debating whether to leave their child alone in a car, they should consider more than just the length of time they anticipate being away.
Charged with a Crime for Leaving my Child Alone in the Car in NJ, What am I Facing?
Child endangerment charges range from second to fourth degree crimes in New Jersey. When determining the degree of the charge, the courts will consider any previous offenses the parent has or any history of neglect or abuse, witness reports or video footage of the incident, as well as the other factors previously mentioned.
Depending on the specific charge, parents could expect significant penalties. If child endangerment is charged as a fourth degree offense, a parent could face up to $10,000 in fines and up to 18 months in prison. If charged as a third degree offense, parents may face up to $15,000 in fines and three to five years in prison. Finally, if convicted of second degree child endangerment, fines may be up to $150,000 and if convicted, you may face up to 10 years in prison.
Consult an Attorney at Chamlin, Uliano & Walsh when Facing Child Endangerment Accusations at the Jersey Shore
The decision to leave your child in a vehicle alone can go smoothly or it can result in disaster. Even with the best of intentions and ideal circumstances, parents can easily find themselves facing child endangerment, neglect, or abuse charges for what they thought was a well-intentioned and safe decision. If you have been charged with child endangerment for leaving your child alone in a vehicle in Middletown, Holmdel, Freehold, Asbury Park, Long Branch, Toms River, Point Pleasant, Belmar, or elsewhere in Southern New Jersey, a skilled criminal defense attorney at Chamlin, Uliano & Walsh can offer valuable guidance, protect your rights, and protect your child’s best interests. Depending on the facts and circumstances, we may also be able to get the charges reduced or dropped altogether. Contact an attorney at our West Long Branch, NJ, office at 732-440-3950 for a consultation today to review your case and the legal options available.