How to Disprove Parental Accountability for Juvenile Crime
Show that you are not the child's parent or legal guardian., Introduce evidence that you were unaware of the child's activities., Demonstrate that you paid reasonable care and attention to your child.
Step-by-Step Guide
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Step 1: Show that you are not the child's parent or legal guardian.
You cannot be held criminally liable for your child's delinquent acts if you are not legally responsible for the child, or were not legally responsible for the child when he or she committed those acts.If you are divorced or legally separated from the child's other parent, and share joint custody, you typically only have legal responsibility for the child when he or she is staying with you.
For example, if you have physical custody of your child on every other weekend, you cannot be held accountable for a crime the child commits on a Wednesday.
Keep in mind that some states may hold you accountable even if the child wasn't staying with you, if you have joint legal custody with the other parent and you both live in the same state.
If the child is in the care of your state's social services or child welfare department, you cannot be held responsible for the child's criminal acts, even if you are the child's biological parent. -
Step 2: Introduce evidence that you were unaware of the child's activities.
If you've been charged with contributing to the delinquency of a minor, you can escape liability by proving that you did nothing to encourage or assist the child.To find you guilty of contributing to the delinquency of a minor, there must be evidence that you said or did something to encourage or assist the child in committing the illegal act.
Keep in mind that in some states you can still be held responsible if you allowed your child to access firearms you kept in your home, even if you were unaware that the child took a weapon.
However, if you are charged with contributing to the delinquency of a minor the prosecutor generally must show that you knew what the child was doing.
For example, you typically could defend yourself against the charge despite the fact that you drove your child to buy illegal drugs if you weren't aware that drugs were sold at the location.
This defense also may defeat your accountability for your child's truancy.
If you drove your child to school every day and picked him or her up after school, you could argue that as far as you knew your child was at school.
In that case, you typically also would have to prove that no one from the school ever contacted you regarding your child's absences. , Since parental responsibility laws are based on the theory that you were negligent in caring for your child, introducing evidence that you provided your child with appropriate care can disprove parental accountability for juvenile crime.Often your own testimony will be necessary to prove that you gave your child adequate care and attention.
You also might rely on the testimony of neighbors, teachers, coaches, and other community members who observed your interactions with the child.
Things you did specifically to discipline your child or discourage him or her from engaging in activity also are relevant.
For example, if you enrolled your child in a "scared straight" program or bootcamp, that would be evidence that you did everything you could to keep your child from committing crimes. -
Step 3: Demonstrate that you paid reasonable care and attention to your child.
Detailed Guide
You cannot be held criminally liable for your child's delinquent acts if you are not legally responsible for the child, or were not legally responsible for the child when he or she committed those acts.If you are divorced or legally separated from the child's other parent, and share joint custody, you typically only have legal responsibility for the child when he or she is staying with you.
For example, if you have physical custody of your child on every other weekend, you cannot be held accountable for a crime the child commits on a Wednesday.
Keep in mind that some states may hold you accountable even if the child wasn't staying with you, if you have joint legal custody with the other parent and you both live in the same state.
If the child is in the care of your state's social services or child welfare department, you cannot be held responsible for the child's criminal acts, even if you are the child's biological parent.
If you've been charged with contributing to the delinquency of a minor, you can escape liability by proving that you did nothing to encourage or assist the child.To find you guilty of contributing to the delinquency of a minor, there must be evidence that you said or did something to encourage or assist the child in committing the illegal act.
Keep in mind that in some states you can still be held responsible if you allowed your child to access firearms you kept in your home, even if you were unaware that the child took a weapon.
However, if you are charged with contributing to the delinquency of a minor the prosecutor generally must show that you knew what the child was doing.
For example, you typically could defend yourself against the charge despite the fact that you drove your child to buy illegal drugs if you weren't aware that drugs were sold at the location.
This defense also may defeat your accountability for your child's truancy.
If you drove your child to school every day and picked him or her up after school, you could argue that as far as you knew your child was at school.
In that case, you typically also would have to prove that no one from the school ever contacted you regarding your child's absences. , Since parental responsibility laws are based on the theory that you were negligent in caring for your child, introducing evidence that you provided your child with appropriate care can disprove parental accountability for juvenile crime.Often your own testimony will be necessary to prove that you gave your child adequate care and attention.
You also might rely on the testimony of neighbors, teachers, coaches, and other community members who observed your interactions with the child.
Things you did specifically to discipline your child or discourage him or her from engaging in activity also are relevant.
For example, if you enrolled your child in a "scared straight" program or bootcamp, that would be evidence that you did everything you could to keep your child from committing crimes.
About the Author
Charlotte Peterson
A passionate writer with expertise in hobbies topics. Loves sharing practical knowledge.
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