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Uncle Found Not Guilty For Endangering Child’s Welfare

Ibrahim was charged in Bronx County Criminal Court with endangering the welfare of a child. The child in question was his nephew. His attorney moved for dismissal of the charges against him because they were facially insufficient.

Informant Reported The Incident To The Police

An informant had seen a small child seated on the first floor fire escape and there were no adults supervising the child. The informant looked around for nearly an hour and could not find a parent or guardian who would supervise the child. Thereafter, the informant called the police.

The police picked up the child and brought the child to the police station. Sometime thereafter Ibrahim arrived at the police station. He advised the police he was the child’s uncle.

Application To Dismiss The Criminal Charges

Ibrahim, in his application to dismiss the criminal charges against him, argued the Complaint against him was facially insufficient because it did not document that he had either custody or control of the child at the time and place of the alleged incident.

The District Attorney’s office claimed the charge did not require they show a relationship between the defendant and the child. They claimed the fact that Ibrahim appeared at the police station, acknowledged he was the child’s uncle and sought to take the child was sufficient to support the allegations of endangering the welfare of this child. The court did not agree with the prosecutors. The judge found there were no facts alleged by the District Attorney’s office showing the child was under Ibrahim’s care and control on the first floor fire escape. The judge went on further to state in his decision the prosecutors had an obligation to establish Ibrahim was in charge of watching his nephew. The prosecutors did not show he was responsible for his nephew on the date of the incident. He therefore could not be held liable for endangering the welfare of the child. Since the prosecutors did not meet their burden of proof, the case was dismissed.

father's rights attorneyElliot S. Schlissel is a father’s rights lawyer. He represents fathers with regard to allegations of child abuse and child neglect brought by Child Protective Services (CPS) or the Administration for Child Services (ACS).

About Elliot S. Schlissel

Elliot S. Schlissel, Esq. has spent more that 30 years representing individuals in matrimonial and family law cases.