Child Abuse, Molestation, Porn Elements needed to convict for child neglect?

[Frozen Tundra]

Jurisdiction

Wisconsin

Child neglect charge stemming from Marijuana raid in an upscale neighborhood. Garden was separated from main house.

wisconsin statute 948.21(1)(a)

Children are provided for, clean home, healthy food, no signs of abuse. Being told the neglect charge is because odds of the home being robbed are higher than others.

Insight is appreciated, but Is there an online source for jury instructions or elements needed to convict? Not sure of the terminology. thank you

 

[mightymoose]

The fact that the house was separate doesn't really matter. What is important is what the children are exposed to and what they have access to.
If the basis for the allegation of neglect is a likelihood for robbery then I would expect a good defense attorney can make easy work of it.

 

[army judge]

I suspect robbery was but one of the alleged worries child services cited.

Robbery implies criminality could be afoot, thereby jeopardizing the safety and well being of the little tykes.

If this is a hearing, you'll be railroaded by the fake kangaroo court.

What you're asking about is only obtained by a jury trial before a judge.

If you go that route, you're entitled to a public defender if you qualify.

 

[Frozen Tundra]

I suspect robbery was but one of the alleged worries child services cited.

Robbery implies criminality could be afoot, thereby jeopardizing the safety and well being of the little tykes.

If this is a hearing, you'll be railroaded by the fake kangaroo court.

What you're asking about is only obtained by a jury trial before a judge.

If you go that route, you're entitled to a public defender if you qualify.

likelihood of robbery and the atmosphere the children is raised in would contribute to later problems etc.

This is pretty much the basis cited in the complaint. I have already plead no contest to this charge as part of a plea deal. Attorney suggested he was able to get rid of a felony, but had to keep this charge, and its a good deal.


I have already been sentenced and case is headed for appeal. I have yet to hire appeal attorney. I meet with one on Wednesday and wish to have my ducks in a row before meeting.

Besides the grow room, rest of house is beautiful and well kept, and children are well cared for. I understand the situation is far from respectable, but I do not feel the children were neglected for the reasons cited.

Should I include fighting this charge in the appeal brief?

 

[army judge]

Should I include fighting this charge in the appeal brief?

If you hire an appellate lawyer, he or she will work with you to formulate an appeal.

Appellate work is very specialized, and most attorneys who don't do appeals, wouldn't dare try to brief and argue the appeal.

You might be eligible for a court appointed appellate attorney.