November 6, 2012

Defending Yourself in a Parental Drug Use as Child Abuse Case

If you are facing parental drug use as child abuse charges in Utah, which is sometimes called endangerment of a child, you should immediately contact a criminal defense attorney with experience in Utah child endangerment law. The decisions you make in the first few days will have lasting consequences for you and the child involved. A criminal defense lawyer can explain your rights and guide you through the Utah legal system. When working with a child abuse defense attorney, penalties are almost always less severe.

Utah Child Endangerment Defense Attorney

Branson West is a defense attorney who understands that parents accused of child abuse or neglect are not usually bad people and deserve a second chance. His goal is to help you avoid mistakes that can result in a criminal record and the state of Utah taking your children away.

Understanding Utah Parental Drug Use as Child Abuse Laws

Utah parental drug use as child abuse laws address two specific ways in which children are endangered through drug abuse by their parents or other adults. The first is prenatal drug use. The second is the harm to children of any age who are exposed to illegal drug use by their parent or other adult in their homes or in their environment.  

Utah makes it a felony for anyone to knowingly or intentionally permit a child to be exposed to an illegal drug or controlled substance. Utah defines exposure to an illegal drug as giving a child the opportunity to view an illegal drug or controlled substance, to access an illegal drug or controlled substance, smell an illegal drug or controlled substance, or permitting a child to smell an odor that results from producing or manufacturing an illegal drug or controlled substance. Utah likewise considers allowing a child to have access to drug paraphernalia to be exposure to an illegal drug or controlled substance. Utah also makes it a third degree felony to knowingly or intentionally allow a child to inhale or ingest and illegal drug or controlled substance. These same Utah laws are applied to situations were a vulnerable adult is exposed to illegal drugs or controlled substances. A vulnerable adult is a person over the age of 18 who has mental or physical impairments which make that adult unable to protect themself, provide for themself, manage their own resources, carry on the daily activities or life, or recognize that they are being abused or exploited.  

With legal services offered to clients throughout the Utah and along the Wasatch Front, Branson K. West focuses on helping parents and families facing the consequences of a child abuse allegation or child neglect proceedings to avoid the following situations:  

• Social services investigation
• Potential to have children taken away by the state
• Invasive criminal investigation if charges are filed
• Potential jail or prison time if convicted
• Possible forfeiture of parental rights and loss of child forever 

If you have been arrested and charged with parental drug use as child abuse, or if you have been informed of a child neglect accusation against you, contact Branson West Law Offices 24-hours a day to schedule a free defense consultation.