Ryan Barry and Ashley Cyr, both of Quincy, just south of Boston, are accused of killing their 5-month-old daughter by giving her a bottle of formula with heroin in it were charged with manslaughter They pleaded not guilty and were ordered held on $200,000 cash bail.
If one has been charged with domestic violence, child abuse, or manslaughter in this case, one should not speak to anyone who may seem to be acting in one’s best interest. Many, including social workers, law enforcement officers or representatives from DCF, while appearing friendly, may actually be gathering evidence against one in an attempt to take one’s children away, especially if one’s children have made the complaint themselves.
One should speak to a qualified defense lawyer first before speaking to anyone else about the circumstances surrounding one case. These cases are obviously emotionally charged and require the impartial perspective of an attorney. There are defenses to child abuse including one defense aptly named “the parental defense.”
Many times, if one obtains an experienced attorney, one’s attorney will be able to show that the evidence against one is inconclusive to determine one was the cause of child abuse. In this case, the court could side in the defense, finding no conclusive evidence that the action or inaction of the parents would have saved the baby’s life or caused the baby’s death, a deciding factor that many times will lead the court to allowing the parents avoid prison and be placed on probation.
Probation is a much more favorable alternative to the many dangers and setbacks of being in prison. One’s attorney may able to secure a probationary sentence in one’s case, many times in the form of a legal supervision program ordered by a court, or a diversionary work program under certain circumstances if one is found guilty of some “eligible” types of crimes or is a remorseful first time offender. If one is put on probation, one will be assigned a Probation Officer who will monitor one’s compliance with the court-ordered conditions and will be notified about the conditions and the term of one’s status in the probation. Community Control is more stringent and strict in that it is a monitored release, typically involving stricter conditions, such as home confinement, electronic monitoring and curfews.
Depending on the seriousness of the crime, and the amount of evidence against being used against the accused, sometimes the accused feels it is better to admit the crime and receive a sentence right away, rather than wait for a trial and a possibly larger sentence. However, a plea bargain is not always the best option for the accused in a criminal suit. Some crimes may be too serious, and therefore require a trial. Others are clear cut cases of police misconduct or cases of tampered evidence that can and should be suppressed. However, many State attorneys will attempt to rush a plea agreement before the truth of one’s innocence or the invalidity of the evidence comes to light.
Many times, people commit crimes they would not normally ever think of doing; others are simply accused of things they did not do. When this happens, one should not talk to police, prosecutors, or any other individual but one’s experienced Jacksonville felony violent crimes defense attorney who will fight the case, ensuring that one does not become the victim of a powerful State operated legal system.
For many, child abuse charges are not properly founded or not fully conclusive, and as a matter of course, the court will place the parent on probation and may require them to take a court-ordered anger management or parental counseling class. Unfortunately, work or family situations sometimes will keep good people from being able to complete conditions of their probation, such as community service hours, in a timely manner. Many times, the best option is to obtain an experienced Jacksonville child abuse crimes defense attorney to request a modification of the conditions of one’s probation or by asking the judge for an extension of time in order to complete the conditions of one’s probation.