Being arrested or charged under California Penal Code § 273a PC – Child Endangerment can be a life-changing experience. The emotional impact is often severe, especially when the case involves allegations such as DUI with a minor in the car or a referral to Child Protective Services (CPS). After the initial shock of an arrest, many people are left wondering what to expect next and how to protect themselves and their families. This article outlines what happens after a child endangerment arrest in California and how Southwest Legal can help you navigate the legal process with confidence and clarity.
1. The Arrest and Booking Process
Once arrested, you will typically be taken into custody and booked. This process includes fingerprinting, photographing, and formal documentation of the charges. Depending on the severity of the allegations, bail may be set, or you may be released with a notice to appear in court.
It is crucial not to make any statements to police or CPS investigators without first consulting with an attorney. Even well-meaning or innocent explanations can be misinterpreted and used against you in court.
2. Arraignment and Initial Court Appearance
Your first court appearance, known as the arraignment, is where:
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The formal charges are read aloud
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You enter a plea (usually not guilty)
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The court determines bail and sets future dates
If you have retained a criminal defense attorney before this hearing, your legal counsel may appear with you or on your behalf, depending on the charges involved.
3. CPS Involvement in Child Endangerment Cases
When a child is present during the alleged offense, Child Protective Services (CPS) may conduct a separate investigation. This can include:
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Interviews with your child or other household members
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A home inspection
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Recommendations for supervised visitation or temporary removal of the child
CPS operates independently of the criminal court, but its findings can significantly impact your case. At Southwest Legal, we often work in collaboration with family law counsel to address both CPS involvement and criminal defense strategy.
4. Pretrial Proceedings and Legal Motions
During the pretrial phase, your criminal defense attorney will:
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Examine all evidence, including police reports and CPS documentation
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Interview potential witnesses
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File legal motions to challenge improper procedures or dismiss certain charges
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Negotiate with the prosecutor to pursue dismissal, reduced charges, or diversion programs
Most cases involving PC § 273a do not proceed to trial when addressed early and aggressively by a knowledgeable defense attorney.
5. Trial and Possible Defenses
If your case does go to trial, the prosecution must prove beyond a reasonable doubt that your actions constituted child endangerment. Viable defenses may include:
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Lack of criminal negligence or reckless conduct
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False or exaggerated accusations
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Parental right to discipline using reasonable and non-abusive methods
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Misunderstanding or lack of actual danger to the child
An experienced attorney will build a strategic, fact-driven defense tailored to the specific circumstances of your case.
6. Sentencing and Long-Term Consequences
If Convicted of a Misdemeanor:
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Up to one year in county jail
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Probation, fines, and mandatory parenting classes
If Convicted of a Felony:
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Two, four, or six years in state prison
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A potential strike under California’s Three Strikes Law
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Long-term effects on custody rights, immigration status, and employment opportunities
A criminal defense attorney can advocate for reduced penalties or alternatives to incarceration, such as diversion or treatment programs.
7. What You Should Do Now
Here are critical steps you should take immediately:
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Retain an experienced criminal defense attorney
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Do not discuss the case with police, CPS, or others without legal guidance
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Document everything—texts, emails, photos, or witness statements that may support your case
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Comply fully with all court and CPS requirements to show cooperation and responsibility
Early legal intervention can make a significant difference in the outcome of your case.
Contact Southwest Legal for Immediate Legal Help
If you have been arrested or charged with child endangerment under California Penal Code § 273a, it is essential to act quickly. These cases are complex, emotionally charged, and can affect every area of your life—including your freedom, your parental rights, and your future.
At Southwest Legal, we have successfully defended clients accused of child endangerment, DUI with minor passengers, and related offenses. We understand the serious nature of these charges, and we are committed to providing strategic, results-driven representation at every stage of your case. Call us today for a free consultation. Let us review your situation, explain your legal options, and start building your defense immediately.
