Florida Cases Illustrate the Uncertainty in Child Abuse Prosecutions
In February, 2011, news sources nationwide began reporting the Florida aggravated child abuse and child murder case involving 10-year-old twins adopted by the now-notorious Jorge and Carmen Barhona. Though unquestionably horrendous, the situation illustrates the point that when abuse is reported, investigations by child protection authorities are rarely perfect.
The Barahonas adopted the Florida twins from Florida’s foster care system, after being investigated and approved by state social workers, over the objections of a therapist who was also involved. Tragically, in February, 2011, the twins were found in Jorge Barahona’s pickup, one twin’s dead and battered body stuffed into a plastic bag, the other twin beaten and burned by a caustic liquid. Their adoptive father, found unconscious on the roadside and now charged with murder and aggravated child abuse, later claimed that he had planned suicide.
Florida Social Workers who Investigate Child Abuse Reports can Make Mistakes
Did mistakes made by investigating social workers cause Florida’s child protection system to do too little to protect these children? Chillingly, news sources have reported that Florida's Department of Children and Families received several child abuse reports relating to the twins, including claims that the twins were kept bound and gagged with tape, locked in a bathroom. Medical examination of the surviving child revealed extensive prior physical traumas, such as broken bones and “ligature” marks on the boy’s wrists, apparently corroborating the reports and indicating that investigators had missed tell-tale evidence of child abuse.
Wrongful Accusations Made to Protect Children can Subject You to Serious Penalties
An extreme case like that of the Barahonas gets media attention, but much more common and much less publicized are errors made in favor of protecting children, when child protection workers are suspicious but not sure whether abuse is occurring. Unfortunately, such “cautious” mistakes can result in wrongful accusations against parents innocent of any child abuse or neglect.
When families are hauled into a Florida criminal court or into Florida child abuse court on baseless allegations, lives can be torn apart. Children can be separated from their parents and forced suddenly to live with strangers. Parents can be denied access to their children.
Parents or others accused of Florida child abuse or neglect can also face serious criminal penalties. In Florida, even a claim that you’ve allowed your child to become “dependent” – by failing to provide essential care, like adequate food, housing, or supervision – can result in a misdemeanor criminal child abuse charge against you. Even where serious injuries are not alleged, child abuse claims – the claim that you inflicted physical or mental injury on a child - can still produce a felony criminal charge against you, threatening you with significant jail time, fines, and other penalties.
Professional Help may be Necessary to Prove Your Innocence
Many people accused of Florida child abuse and child abuse crimes are innocent, but child abuse laws are complex. Often, proving your innocence and protecting your family requires the knowledge and practical expertise of an experienced Miami child abuse crimes attorney. Investigators with pre-conceived notions may be working vigorously to convict you, but even those with the best intentions can make crucial mistakes.
If you are facing criminal child abuse charges of any kind, you may have valid legal defenses. A Miami criminal defense lawyer who practices child abuse law knows how to put together the evidence and legal arguments essential to proving your innocence.
Confronting any criminal charge without a qualified criminal lawyer is never a good idea. When you’re charged with a Florida child abuse crime, the deck may be stacked even higher against you. One of our skilled, experienced Miami criminal lawyers may be able to help.
Call (305) 571-9800, to contact our firm at any hour of the day or night for a free consultation.
