William Burgess
Member
- Jurisdiction
- Florida
Thought this might be able to fit in here for it being a charged crime against children. I live in Florida.
In November I had a Grand Mal seizure and went to ER. Was told it was life threatening. Went to regular doctor later on and was prescribed an anti-convulsant. The medicine made me very drowsy but I was able to watch my 2 children and 2 that my girlfriend took custody of. Because the medicine made me drowsy I went back to doctor and wanted to try another medicine. He informed me that my pills could be split in half and if I did that I might not have another seizure. I didn't feel like I should risk that and he noted caution too. Instead he said that the side effects would likely wear off soon. So I continued taking it and dealing with it. Never had a problem supervising the children though.
Late December, right before Christmas, girlfriend had to work that day. I came home from work, took my medicine, and went to sleep before she left. All the kids were asleep. She texted me and woke me up saying she was going on lunch soon and a lady was coming over to drop off some gifts. The lady knocked, I was getting dressed, but I was so disoriented. I felt so weird. I had felt bad that day anyways and didn't know what it was. She left and soon after girlfriend came home. She noted I was very disoriented too. I was up and dressed. She left and I sat down on the bed. That was the last thing I remember at that moment.
Next thing, a police officer is waking me up saying they are looking for missing children. I was so disoriented and terrified I was having a hard time talking to her. My oldest kid, 5, had got past the child lock because later we found out it was broke. In doing so she let herself and my youngest, 2, out. The younger of the other 2 children was in a pack-n-play, and girlfriend had taken the other kid to her grandma's house. They were found by neighbors, police called. Girlfriend got off work and we talked with law enforcement. I was arrested and charged with 3rd degree felony Child Neglect w/o Great Bodily Harm x2. I had never been arrested or been in any legal trouble at all before this, period
Bonded out of jail next day, DCF agent came by and drug tested me which came back negative of all substances. Even he said this was ridiculous from something like this and just to hang in there. Spoke with public defender for first time and submitted UA from DCF, note from doctor about medicine and side effect being common with that drug, and medical records of Grand Mal seizure in November.
Went to court first time and ended up getting a continuance. Didn't hear from public defender, and couldn't get up with him until the day of court. Was told I received a plea deal for changing from not guilty, to no contest, 3 years probation (could do 1.5 years if everything goes smoothly.) and will end up paying almost $4,000 for everything (court costs, fees, probation, etc.) With it being presented literally moments before called I decided to sign and take it. I thought 3 years probation was better than possible prison time. I wonder now if I should t have jumped the gun. I wonder if I should have asked for another continuance because of the new documentation pending. I can appeal it so I'm told but I was waiting on DCF investigation report, which came the morning of. It was fine, no complaints, no issues from neighbors, manager of complex, etc. I went ahead and submitted that to public defender via email. Lady that does therapy with youngest one here, by the way he is 1, typed out a letter of basically how we were as a family and what she had observed with all of us, and again nothing bad. I had an EEG day before court and MRI w/contrast before that and should be getting results back when meeting with neurologist (if allowed to travel to that county now that I'm on probation.)
I'm wondering if the new documents would help my case any and I'm wondering if I should appeal and fight it. I feel like this was more a case of involuntary intoxication, than negligence/culpable negligence. I have bad anxiety and have a hard time being in front of people. Anxiety causes me stress, and go figure, my seizures are triggered by seizures so it's a vicious cycle. I would love to get people's opinions on this. I hope I haven't messed anything up because truthfully I feel like I'm innocent in this case. An unfortunate accident happened but it was completely out of my control. It was take medicine or possibly have seizure. I had never passed out like that before so I had no reason to suspect it then. Any input would be appreciated. One thought that came to mind is if I tried to fight the charges I wonder if I could use involuntary intoxication as a defense. One definition of such is taking a drug prescribed by a physician, which this was, and taking one not knowing the effects. I had been tired before while taking it, but I had never passed out and not remember anything about laying down, etc. It was even pondered if I had maybe had another Grand Mal seizure beings I lose consciousness during those and don't remember them. It would also account for why I was so confused in the first place.
My question with all those details out of the way is: Do you think it would be better to take the deal and just stick out the probation, or better to fight it? What do you all think would be reasonable to do in this matter, or what my options reasonably could be? Thanks.
In November I had a Grand Mal seizure and went to ER. Was told it was life threatening. Went to regular doctor later on and was prescribed an anti-convulsant. The medicine made me very drowsy but I was able to watch my 2 children and 2 that my girlfriend took custody of. Because the medicine made me drowsy I went back to doctor and wanted to try another medicine. He informed me that my pills could be split in half and if I did that I might not have another seizure. I didn't feel like I should risk that and he noted caution too. Instead he said that the side effects would likely wear off soon. So I continued taking it and dealing with it. Never had a problem supervising the children though.
Late December, right before Christmas, girlfriend had to work that day. I came home from work, took my medicine, and went to sleep before she left. All the kids were asleep. She texted me and woke me up saying she was going on lunch soon and a lady was coming over to drop off some gifts. The lady knocked, I was getting dressed, but I was so disoriented. I felt so weird. I had felt bad that day anyways and didn't know what it was. She left and soon after girlfriend came home. She noted I was very disoriented too. I was up and dressed. She left and I sat down on the bed. That was the last thing I remember at that moment.
Next thing, a police officer is waking me up saying they are looking for missing children. I was so disoriented and terrified I was having a hard time talking to her. My oldest kid, 5, had got past the child lock because later we found out it was broke. In doing so she let herself and my youngest, 2, out. The younger of the other 2 children was in a pack-n-play, and girlfriend had taken the other kid to her grandma's house. They were found by neighbors, police called. Girlfriend got off work and we talked with law enforcement. I was arrested and charged with 3rd degree felony Child Neglect w/o Great Bodily Harm x2. I had never been arrested or been in any legal trouble at all before this, period
Bonded out of jail next day, DCF agent came by and drug tested me which came back negative of all substances. Even he said this was ridiculous from something like this and just to hang in there. Spoke with public defender for first time and submitted UA from DCF, note from doctor about medicine and side effect being common with that drug, and medical records of Grand Mal seizure in November.
Went to court first time and ended up getting a continuance. Didn't hear from public defender, and couldn't get up with him until the day of court. Was told I received a plea deal for changing from not guilty, to no contest, 3 years probation (could do 1.5 years if everything goes smoothly.) and will end up paying almost $4,000 for everything (court costs, fees, probation, etc.) With it being presented literally moments before called I decided to sign and take it. I thought 3 years probation was better than possible prison time. I wonder now if I should t have jumped the gun. I wonder if I should have asked for another continuance because of the new documentation pending. I can appeal it so I'm told but I was waiting on DCF investigation report, which came the morning of. It was fine, no complaints, no issues from neighbors, manager of complex, etc. I went ahead and submitted that to public defender via email. Lady that does therapy with youngest one here, by the way he is 1, typed out a letter of basically how we were as a family and what she had observed with all of us, and again nothing bad. I had an EEG day before court and MRI w/contrast before that and should be getting results back when meeting with neurologist (if allowed to travel to that county now that I'm on probation.)
I'm wondering if the new documents would help my case any and I'm wondering if I should appeal and fight it. I feel like this was more a case of involuntary intoxication, than negligence/culpable negligence. I have bad anxiety and have a hard time being in front of people. Anxiety causes me stress, and go figure, my seizures are triggered by seizures so it's a vicious cycle. I would love to get people's opinions on this. I hope I haven't messed anything up because truthfully I feel like I'm innocent in this case. An unfortunate accident happened but it was completely out of my control. It was take medicine or possibly have seizure. I had never passed out like that before so I had no reason to suspect it then. Any input would be appreciated. One thought that came to mind is if I tried to fight the charges I wonder if I could use involuntary intoxication as a defense. One definition of such is taking a drug prescribed by a physician, which this was, and taking one not knowing the effects. I had been tired before while taking it, but I had never passed out and not remember anything about laying down, etc. It was even pondered if I had maybe had another Grand Mal seizure beings I lose consciousness during those and don't remember them. It would also account for why I was so confused in the first place.
My question with all those details out of the way is: Do you think it would be better to take the deal and just stick out the probation, or better to fight it? What do you all think would be reasonable to do in this matter, or what my options reasonably could be? Thanks.