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What to Expect After a Maryland Child Abuse Arrest

When law enforcement arrests someone for child abuse or endangerment, the process is fairly standard for the accused individual, but there could be additional steps that relate to the minor in question. Once law enforcement takes the accused individual into custody,  they are processed at a police station, fingerprinted, and photographed. Their information is taken and entered into their criminal record. From here, the court process begins, which can differ depending on the circumstances of the case.

If you are facing allegations of abuse to a minor, you should seek out legal counsel. A skilled attorney could help prepare you for what to expect after a Maryland child abuse arrest and become your legal advocate throughout your case.

Determining Probable Cause for an Arrest

Following an arrest for child abuse in Maryland, the accused individual must appear before a magistrate judge for the initial review of their detention. The magistrate determines whether or not there was probable cause for the arrest.

The judge typically makes this decision based on affidavit in support of the application for an account of charges which is a sworn statement from a law enforcement officer about the incident. If the judge does not find probable cause, the arrested individual must be released. However, this decision does not mean that the charges against them have been dropped. The accused individual may still have to appear in court.

Establishing Bond

If the magistrate decides there is probable cause, they must also decide as to whether this individual should be released. At this point, the accused’s attorney and the prosecutor make arguments as to whether the individual should be released. If the magistrate does not release them on their own recognizance, they must decide on bond.

To do so, the judge assesses whether this person is a flight risk and whether they are a danger to themselves or the community. To make these assessments, the judge will look at the nature of the allegations, the individual’s record, and whether they have missed past court dates. The judge considers whether the person has criminal convictions as well as any other information presented by the defense attorney and the prosecutor.

A judge may set bond at any amount, from a few hundred dollars to hundreds of thousands of dollars or more.  Either the charged individual or someone on their behalf must pay this amount to the court to secure the offender’s release. It is important to note that the magistrate judge could determine that there are no conditions that could satisfy the court, and they can hold the individual with no bond, meaning they may not be released.

In some specific circumstances, a magistrate judge by law must put the accused individual on a no-bond status. This situation is common in cases where the accused individual is on probation in another case, or they are subject to a protective order.

Once a magistrate sets the bond, a district court judge will review it at a hearing scheduled on the next business day.  This judge may raise it, keep it the same, lower it, or release the individual. This judge is not bound by the same laws that require mandatory detention in front of a magistrate. After this review, the accused is either held or released until their court date.

What Happens to the Minor Involved After an Arrest?

The Maryland Department of Social Services manages the case as it relates to the minor involved. This agency proceeds under its own policies and guidelines to protect the child’s interests. The agency assesses the circumstances of the situation and the child’s wellbeing.

Based on their findings, there could be circumstances where it is appropriate for the child to reunite with the accused caregiver. However, in most cases where the arrestee is the child’s guardian, they may be removed from this person’s care, at least temporarily. In this case, social services may contact another family member to care for the child.

If there is no other party available to take responsibility for the child, social services may place them into foster care. In some circumstances, the arrestee could have supervised interaction with their child while the case proceeds.

An individual arrested for child abuse in Maryland should expect the Department of Social Services to initiate a civil proceeding in an attempt to modify or terminate their custodial or parental rights. Social services may base this decision on the harm or potential threat of danger to the child.

The termination of custodial or parental rights depends on the specific facts of the incident and runs independently of the criminal case. However, any evidence involved in the criminal case could potentially be used by the Department of Social Services in a custodial hearing and vice versa. Overall, the Department of Social Services may make a decision that adversely affects the parent’s custodial rights based on their own criteria and assessment of the information.

Similarly, the Department of Social Services could close their investigation without any negative decision affecting the accused’s parental or custodial rights. This means that the offender could still be convicted in court and face criminal consequences while keeping their parental rights.

Contact an Attorney to Discuss What to Expect After a Child Endangerment Arrest in Maryland

If you have been arrested for child endangerment or abuse, speak with an attorney immediately. They could discuss what to expect after a Maryland child abuse arrest with regards to your life and your parental rights. To learn more, call today.

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