An appeal was brought with regard to a conviction of endangering the welfare of a child by a man named Walcott. He had been on probation. He appeared at the probation department with his son. The probation officer felt that Walcott was intoxicated. A test was done on an alco-sensor machine. The machine indicated the presence of 0.129 of alcohol in his blood which was an indication he was intoxicated. Further testing was conducted by the probation officer. A urine test found the presence of cocaine and marijuana in Mr. Walcott’s urine. Mr. Walcott had a car which was parked nearby the probation department.
Walcott was charged with endangering the welfare of a child. This was based on the evidence he had alcohol in his system, his car was parked nearby and his son had accompanied him to the probation department. His conviction was based on the theory he drove his car while high on drugs and alcohol with his son present in the car to his meeting with his probation officer.
Circumstantial Evidence
Walcott argued no one saw him drive his car and all the evidence against him was circumstantial. Unfortunately, the appeals court agreed with the trial court and affirmed his conviction.
Elliot S. Schlissel and his associates have been providing criminal defense for men and women charged with misdemeanors and felonies in the Metropolitan New York area for more than 45 years. Our law firms phones are monitored 24/7 to deal with individuals charged with crimes on weekends and evenings. Elliot and his staff of attorneys are available for free consultations with regard to issues involving arrest, search warrants and other charges involving criminal activity.
