Paternity Evade Attorney Duluth

Fighting a Leaving State to Evade Establishment of Paternity Accusation in St. Louis County with a Dedicated Defense Attorney

The quiet life in Northern Minnesota, from the bustling heart of Duluth to the tranquil shores of Two Harbors, can be abruptly shattered by a criminal accusation. If you are now facing charges of leaving the state to evade the establishment of paternity, your world has undoubtedly been turned upside down. This accusation carries a unique stigma, threatening your reputation in tight-knit communities like Proctor or Cloquet, jeopardizing your job, and casting a long shadow over your family and personal relationships. The immediate fears are profound: will this label irrevocably damage my standing? How will this impact my ability to live a normal life? These are not abstract anxieties; they are raw, immediate threats that demand a powerful and decisive response. Remember, an accusation is the beginning of a fight, not the end of your life. For this fight, you need a relentless advocate by your side.

In the face of such a deeply personal and potentially damaging charge, it’s easy to feel isolated and overwhelmed, standing against the immense power of the state. The legal system can seem impersonal and unforgiving, and the thought of navigating it alone can be paralyzing. You might be wondering how you’ll ever explain this to your neighbors in Bemidji or your colleagues in St. Louis County, let alone navigate the complex legal procedures. But this feeling, while natural, is precisely what the state wants you to believe. This is where a dedicated criminal defense attorney steps in, not just as a legal representative, but as a bulwark against that tide of despair. The path forward demands strength, a meticulous strategy, and an unwavering commitment to your defense. Your future is too important to surrender without a fight, and that fight begins with a clear understanding of the challenges ahead and a fierce determination to overcome them.

The Stakes: What a Conviction Truly Costs

A conviction for leaving the state to evade the establishment of paternity is not merely a legal formality; it’s a felony with significant, long-term consequences that extend far beyond the courtroom. Understanding these stakes is crucial, as it underscores why fighting relentlessly against these charges is not just an option, but an absolute necessity.

Your Permanent Criminal Record

A conviction for leaving the state to evade the establishment of paternity will result in a permanent criminal record. This is a felony conviction that will follow you for the remainder of your life. This record is a digital shadow, visible in every background check for employment, housing, loans, or even volunteer opportunities. In communities across St. Louis County, from the vibrant center of Duluth to the smaller towns of Cloquet and Two Harbors, a felony record can quickly become public knowledge, leading to severe social ostracism and a profound sense of shame. It can close doors to countless future opportunities, irrevocably damaging your ability to earn a living, find a home, or maintain any semblance of a normal life. This record acts as a perpetual scarlet letter in the digital age, impacting every aspect of your future and leaving a lasting stigma.

Loss of Second Amendment Rights

One of the significant consequences of a felony conviction, which a charge of leaving the state to evade the establishment of paternity entails, is the permanent loss of your Second Amendment rights. This means you will forfeit your right to own, possess, or purchase firearms, a fundamental curtailment of personal liberty that impacts countless individuals in Northern Minnesota. For many in regions like Bemidji and Proctor, hunting, sport shooting, or personal defense are deeply ingrained aspects of life and culture. Losing this right is not just a legal technicality; it’s a profound and irreversible change to your way of life. This restriction can directly impact your ability to participate in long-standing family traditions, pursue cherished hobbies, and even feel secure in your own home, fundamentally altering your relationship with a constitutional right deeply valued by many.

Barriers to Employment and Housing

In today’s competitive landscape, a felony conviction for leaving the state to evade establishment of paternity creates significant barriers to employment and housing. Employers, particularly those in reputable businesses throughout Duluth and St. Louis County, conduct rigorous background checks, and a felony conviction will instantly flag you as a liability. This will make it incredibly difficult to secure new employment in any legitimate field and will likely lead to termination from any current position, regardless of your skills or experience. Landlords also perform extensive background checks, and a felony record will almost certainly lead to immediate denial of rental applications, forcing you to struggle to find suitable housing for yourself and your family. This will trap individuals in a devastating cycle of instability, making it incredibly difficult to rebuild their lives and contribute to society.

Impact on Professional Licenses and Reputation

For those holding professional licenses—whether you’re a healthcare provider, a teacher, a financial advisor, or any other licensed professional—a felony conviction for leaving the state to evade establishment of paternity can be catastrophic. Many licensing boards view felony convictions, especially those involving perceived dishonesty or evasion, as grounds for suspension or permanent revocation of your license. This doesn’t just impact your ability to practice your chosen profession; it utterly destroys a career built over years, if not decades, of hard work and dedication. Beyond professional licenses, the damage to your personal and professional reputation within your community and professional circles is often irreparable. In smaller communities, news of such a serious charge spreads rapidly, and an accusation of evading paternity will become a permanent stain on your public identity, impacting trust, relationships, and standing for the rest of your life.

The Accusation: Understanding the State’s Case

When you’re facing a charge of leaving the state to evade the establishment of paternity, it’s critical to understand precisely what the state claims you did and the specific legal framework they will use against you.

What Does the State Allege? Leaving State to Evade Establishment of Paternity Explained in Plain English

Being accused of leaving the state to evade the establishment of paternity means the state believes you deliberately left Minnesota with the specific intent of avoiding legal proceedings that would determine if you are the father of a child. This charge isn’t simply about being out of state; it’s about the intent behind your departure. The prosecution will allege that you knew a woman with whom you had sexual intercourse was either pregnant or had given birth to a living child within the past 60 days, and that your decision to leave Minnesota was specifically motivated by a desire to avoid being legally identified as the father and thus, potentially avoiding financial responsibility.

This is a serious felony because it implies a deliberate attempt to escape a fundamental parental obligation. The state will try to prove a direct link between your knowledge of the pregnancy or recent birth, your intent to evade paternity proceedings, and your physical departure from Minnesota. It’s a charge that carries significant social stigma in communities across St. Louis County, because it touches on matters of responsibility and family, which are deeply valued.

The Law on the Books: Minnesota Statute 609.31

Minnesota Statute 609.31 defines the specific felony of leaving the state to evade the establishment of paternity, outlining the precise conditions under which such a charge can be brought.

Whoever with intent to evade proceedings to establish his paternity leaves the state knowing that a woman with whom he has had sexual intercourse is pregnant or has given birth within the previous 60 days to a living child may be sentenced to imprisonment for not more than two years or to payment of a fine of not more than $4,000, or both.

The Prosecution’s Burden: Elements of Leaving State to Evade Establishment of Paternity

To secure a conviction for leaving the state to evade the establishment of paternity, the prosecution must prove every single “element” of the crime beyond a reasonable doubt. If they fail to prove even one of these elements, their entire case collapses, and you cannot be convicted. This is the cornerstone of our justice system, and it is the critical leverage point for a determined defense. Understanding these elements is paramount because it reveals where the prosecution’s case might be weak and where a strategic defense can be mounted.

Leaves the State: The prosecution must prove that you physically departed from the state of Minnesota. This isn’t about moving to another city within Minnesota; it’s about crossing state lines. They will need to present evidence of your presence outside Minnesota after the relevant dates, such as travel records, witness testimony, or electronic data.
With Intent to Evade Proceedings to Establish His Paternity: This is the most crucial and often the most challenging element for the prosecution to prove. They must show that your specific, conscious objective in leaving the state was to avoid legal action to determine your fatherhood. This requires demonstrating your mental state, which can be inferred from actions, statements, or circumstances. Simply leaving the state is not enough; the departure must be linked to this specific evasive intent.
Knowing That a Woman with Whom He Has Had Sexual Intercourse Is Pregnant: The prosecution must prove that you had actual knowledge of the woman’s pregnancy at the time you left the state. This means more than just suspicion or a rumor; you must have been aware that she was pregnant. They will need to present evidence that this knowledge was communicated to you.
Or Has Given Birth Within the Previous 60 Days to a Living Child: Alternatively, if the woman has already given birth, the prosecution must prove that you had knowledge of the birth of a living child within 60 days prior to your departure from the state. This timeline is strict, and proof of your knowledge within this window is essential.

The Potential Outcome: Penalties for a Leaving State to Evade Establishment of Paternity Conviction

A conviction for leaving the state to evade the establishment of paternity is a serious felony under Minnesota law. While the potential prison sentence might seem less severe than for some other felonies, the impact on your life, financially and personally, is profound.

This offense is classified as a felony, meaning it will result in a permanent criminal record and carry all the associated collateral consequences, including the loss of civil liberties and significant barriers to your future. The courts take this crime seriously, as it involves a perceived abandonment of parental responsibility and a deliberate attempt to circumvent legal processes.

Imprisonment: Up to two years in state prison.
Fine: Up to $4,000.
Or Both: A judge has the discretion to impose both a period of imprisonment and a fine.
Additional Consequences: Beyond these direct penalties, a conviction will trigger all the collateral consequences associated with a felony, including, but not limited to, the loss of voting rights, the inability to possess firearms, significant challenges in employment and housing, and lasting damage to your reputation.

The Battle Plan: Building Your Strategic Defense

An accusation of leaving the state to evade the establishment of paternity is a deeply personal and potentially ruinous charge, but it is crucial to remember this fundamental truth: an accusation is not a conviction. It is the state’s assertion, their narrative, and like any narrative, it is open to rigorous examination, relentless challenge, and ultimately, disruption. This is not the time for despair, passivity, or hoping for a miracle; this is the time for immediate, decisive, and aggressive action.

The moment you are accused of leaving the state to evade paternity, your life immediately changes. The sheer weight of such a charge can make you feel utterly hopeless, as if your future has been extinguished before the battle has even truly begun. But my unwavering commitment is to remind you that the battle has only just commenced, and the state’s case is not an unassailable truth. It is a story they must prove beyond a reasonable doubt, and every piece of that story, every shred of their evidence, must be meticulously tested, critically analyzed, and strategically challenged. Your defense will be a proactive, aggressive counter-offensive, designed to dismantle their claims, expose their weaknesses, and protect your freedom and future. My approach is not simply to react to their moves; it is to relentlessly investigate, dissect, and challenge every assertion they make, ensuring that the immense power of the state is met with an equally formidable and unwavering defense.

How a Leaving State to Evade Establishment of Paternity Charge Can Be Challenged in Court

Defending against a charge of leaving the state to evade establishment of paternity requires a meticulous examination of the prosecution’s claims, particularly focusing on the elements of intent and knowledge. Several potent legal defenses can be strategically deployed.

Lack of Intent to Evade Paternity

The most crucial element for the prosecution to prove is your specific intent to evade paternity proceedings. Without this, the charge collapses.

Legitimate Reasons for Leaving State: You may have left Minnesota for entirely legitimate and innocent reasons, unrelated to evading paternity. This could include job opportunities, family emergencies, planned travel, educational pursuits, or a pre-existing decision to relocate. Your defense would present evidence supporting these alternative motivations, demonstrating that your departure was not driven by the criminal intent to evade. This shifts the focus from your presence outside the state to the reason for that presence.
Unawareness of Paternity Proceedings: You might have been unaware that any legal proceedings to establish paternity were imminent or even contemplated. The state must prove your intent to evade proceedings, not just responsibility in general. If you were never served with papers, or had no indication such legal action was underway, it significantly weakens the state’s claim of evasive intent.
No Knowledge of Pregnancy or Birth within 60 Days: The statute requires knowledge of the pregnancy or birth within a specific 60-day window. If you can prove you genuinely lacked this knowledge at the time of your departure, or that the knowledge came after you had already left the state, a key element of the crime is unproven. This requires challenging the prosecution’s evidence of communication or notification.

Lack of Knowledge of Pregnancy or Recent Birth

A fundamental element is your knowledge that the woman was pregnant or had given birth within the specified 60 days.

No Communication or Notification: If the alleged mother or anyone else did not inform you of the pregnancy or birth, or if communication attempts were not successful, you cannot be said to have had the requisite “knowledge.” The defense would challenge any claims of notification by the prosecution. This could involve examining phone records, messages, or witness testimony regarding communication attempts.
Reasonable Belief of No Pregnancy/Birth: You might have had a reasonable, good-faith belief that the woman was not pregnant or had not given birth, perhaps due to her statements, your understanding of the situation, or a lack of verifiable information. This challenges the “knowing” element by demonstrating a lack of actual awareness.
Information Acquired After Leaving: If you only became aware of the pregnancy or birth after you had already left the state for legitimate reasons, then your departure itself could not have been motivated by the intent to evade paternity proceedings with that specific knowledge. The timeline of knowledge versus departure is crucial here.

Challenging the Sexual Intercourse Element

While often presumed, the prosecution must implicitly or explicitly establish that you had sexual intercourse with the woman.

Denial of Sexual Intercourse: You may genuinely deny having had sexual intercourse with the woman in question. This would require the prosecution to prove this fact, potentially through DNA evidence (if available), or through the alleged mother’s testimony. This can be a direct challenge to the premise of the paternity claim.
Timing of Intercourse: Even if intercourse occurred, the defense could argue that it did not occur within a timeframe that would make you the biological father. This might involve presenting evidence related to the dates of conception and intercourse.

Insufficient Evidence

The prosecution has the burden of proving every element beyond a reasonable doubt. If their evidence is weak, circumstantial, or contradictory, the case fails.

Lack of Corroborating Evidence: Cases often rely heavily on the alleged mother’s testimony. If there is little to no corroborating evidence—such as travel records directly linked to evasive intent, communications indicating your knowledge of pregnancy/birth and intent to flee, or witness statements—the prosecution’s case becomes significantly weaker.
Witness Credibility Challenges: The defense can meticulously challenge the credibility of the alleged mother or other prosecution witnesses. This might involve exposing inconsistencies in their statements, demonstrating biases (e.g., financial motivation, revenge), or highlighting any motive they might have to fabricate or exaggerate the allegations. If a witness’s credibility is undermined, the entire case can falter.
Police Misconduct/Procedural Errors: Any errors or misconduct by law enforcement during the investigation, such as illegal searches, failure to read Miranda rights, or improper questioning, can lead to the suppression of critical evidence. If key evidence is suppressed, it can severely weaken or even destroy the prosecution’s ability to prove their case.

Defense in Action: Scenarios in Northern Minnesota

Applying these defense strategies to real-world scenarios in Northern Minnesota illustrates how a committed attorney fights relentlessly against accusations of leaving the state to evade paternity.

Bemidji Scenario

In Bemidji, Mr. Davies, a seasonal worker, left Minnesota for a job in North Dakota just as an ex-girlfriend, Ms. Johnson, informed mutual friends she was pregnant. Ms. Johnson later files a paternity action and Mr. Davies is charged with leaving the state to evade paternity, with the prosecution claiming he knew of the pregnancy through mutual friends.

A defense attorney would argue lack of intent to evade paternity and no knowledge of pregnancy. Mr. Davies’s attorney would present evidence of his long-standing seasonal employment in North Dakota, demonstrating his departure was for a pre-planned, legitimate work opportunity, not to evade paternity. Furthermore, the defense would challenge the prosecution’s claim of “knowledge” by showing that Ms. Johnson never directly informed Mr. Davies, and that information from “mutual friends” was rumor or speculation, not verifiable knowledge that could form the basis of intent to evade.

Cloquet Scenario

In Cloquet, Ms. Chen and her former partner, Mr. Lee, had a contentious breakup. Shortly after, Mr. Lee, an avid outdoorsman, left for an extended camping trip in Canada, which he had planned for months. Ms. Chen then gave birth and reported Mr. Lee for leaving the state to evade paternity, claiming he knew about her pregnancy before he left.

Here, the defense would focus on legitimate reasons for leaving state and no knowledge of pregnancy or birth within 60 days. Mr. Lee’s attorney would provide compelling evidence of his pre-planned and long-anticipated camping trip, showing flight bookings, gear purchases, and conversations with friends, demonstrating a pre-existing, innocent reason for leaving. The defense would also challenge any claims that Ms. Chen communicated her pregnancy or the birth to Mr. Lee before he departed or within the 60-day window, arguing that he genuinely lacked the necessary knowledge.

Two Harbors Scenario

In Two Harbors, Mr. Sanchez, a truck driver, regularly travels across state lines for work. His ex-girlfriend gave birth 45 days ago and reported him for evading paternity, claiming he stopped communicating after she told him she was pregnant months prior. Mr. Sanchez is charged under 609.31.

The defense attorney would argue lack of intent to evade paternity and timing of knowledge. Mr. Sanchez’s attorney would present his long-standing work history as a cross-state truck driver, showing his travel patterns were routine and necessary for his livelihood, not a deliberate flight. While communication may have stopped, the defense would argue that ceasing communication is not the same as having the intent to evade paternity proceedings by leaving the state. It would be crucial to establish when Mr. Sanchez was actually informed of the pregnancy and birth, arguing that his travel was consistent with his job and not specifically tied to evading proceedings once he had the required knowledge.

Proctor Scenario

A college student in Proctor, Mark, had a brief encounter with a classmate, Sarah. Sarah later claimed she was pregnant and that Mark, upon learning this, immediately transferred to an online university and moved to his parents’ house in Wisconsin, leading to a charge of leaving the state to evade paternity.

The defense would focus on legitimate reasons for leaving state and no knowledge of pregnancy or recent birth. Mark’s attorney would present evidence that his transfer to an online university and move to his parents’ house was a pre-existing plan motivated by financial hardship or a change in academic major, not specifically tied to Sarah’s pregnancy claim. The defense would also rigorously challenge whether Mark truly had verifiable knowledge of Sarah’s pregnancy at the time of his move. It could be argued that her claim was vague, unconfirmed, or that he had reasonable doubts about its veracity, thus failing to meet the “knowing” element of the statute.

The Advocate: Why a Dedicated Duluth Defense Attorney is Essential

When you are accused of leaving the state to evade establishment of paternity, you are facing a fight that is deeply personal and complex. In Northern Minnesota, you need a powerful, unyielding advocate who understands the profound stakes and is ready to confront the state’s immense power head-on.

Countering the Resources of the State

An accusation of leaving the state to evade paternity means you are not merely facing a lone prosecutor; you are confronting the entire, formidable machinery of the state. This includes well-funded law enforcement in Duluth, Bemidji, and Cloquet, with vast investigative resources, including the ability to track travel, subpoena records, and compel witness testimony. They have virtually unlimited time, manpower, and financial backing to construct a case against you. Without a fierce advocate by your side, this imbalance of power can be devastating and demoralizing. My unwavering commitment is to equalize that playing field. I will deploy my own substantial resources, conduct thorough independent investigations, meticulously scrutinize every single piece of evidence collected by the state, and aggressively challenge any procedural missteps, misconduct, or overreach by law enforcement. This isn’t just about appearing in court; it’s about actively working to dismantle their narrative, ensuring that their vast resources are met with an equally determined, strategically sound, and formidable defense that protects your rights at every single turn.

Strategic Command of the St. Louis County Courts

Navigating the labyrinthine complexities of the criminal justice system in St. Louis County, whether in the main courthouse in Duluth or the smaller judicial centers in Two Harbors or Proctor, demands far more than a general understanding of the law. It requires a deep, strategic command of specific local court procedures, an intimate familiarity with the individual judges’ temperaments, their past rulings, and their preferred judicial methodologies, and critically, established professional relationships with the various prosecuting attorneys. Each courthouse possesses its unique rhythms, often unwritten rules, and distinct methods of operation. An attorney who lacks this specific, localized insight could inadvertently make critical missteps that jeopardize your defense, potentially leading to irreversible negative outcomes. I am consistently present and actively engaged in these very courtrooms, intimately familiar with the nuanced local legal landscape, the explicit and implicit expectations of the judges, and the specific prosecutorial strategies employed in this distinct region. This deep-seated knowledge allows me to anticipate moves, negotiate from a position of profound strength, and expertly guide your immensely complex case through the intricate legal maze with unparalleled precision and unwavering confidence, ensuring your defense is precisely tailored to the specific environment where your freedom and future hang precariously in the balance.

Fighting for Your Story, Not Just the Police Report

The instant a police report for leaving the state to evade paternity is filed, it begins to construct a narrative – the state’s narrative. This narrative is almost invariably one-sided, focusing exclusively on the allegations against you, and tragically, frequently omitting crucial context, vital mitigating circumstances, or even exculpatory evidence that could dramatically alter the perception of events. For someone facing such a profoundly damaging and stigmatizing charge, this initial police report can feel like an indelible, damning mark that defines them irrevocably. My unwavering commitment is to ensure that your full and complete story, the unvarnished truth of what transpired from your perspective, is not just cursorily heard but powerfully, persuasively, and compellingly presented. I will meticulously gather all relevant evidence, interview every witness who can offer an alternative or more complete viewpoint, and construct a compelling counter-narrative that exposes the biases, fiercely challenges the assumptions, and highlights the inconsistencies in the state’s account. This means delving far beyond the superficial allegations and into the intricate nuances of human interaction, the true motivations involved, and the complete circumstances surrounding the incident. I fight tirelessly to ensure you are seen as a complex person with a multifaceted story, not merely a defendant reduced to a simplistic, incriminating police report, and that your voice is powerfully projected and heard in a system that far too often seeks to silence it.

An Unwavering Commitment to a Winning Result

From the exact instant you seek my counsel regarding a charge of leaving the state to evade establishment of paternity, my dedication is singularly and absolutely focused on achieving the optimal outcome for your case. This is not about merely processing paperwork, accepting default outcomes, or settling for the path of least resistance. It is about a relentless, fierce pursuit of a winning result, whether that entails securing a complete and unconditional dismissal of the charges, obtaining a resounding acquittal at trial, or negotiating a vastly reduced sentence that vigorously protects your future and minimizes the catastrophic impact on your life. I approach every case with the unshakeable mindset of a determined fighter, ready to explore every conceivable legal avenue, challenge every single piece of the prosecution’s purported evidence with unwavering scrutiny, and engage in negotiations with unflinching resolve and strategic cunning. Your future, your freedom, and your very existence are profoundly and irrevocably at stake, and I treat these with the utmost gravity, unparalleled diligence, and unwavering commitment they unequivocally demand. This is far more than a legal service; it is a solemn promise to stand shoulder-to-shoulder with you, to fight fiercely and relentlessly on your behalf, and to ensure that you navigate this devastating crisis with your life, your dignity, and your future preserved.

Your Questions Answered

What does “evading establishment of paternity” mean?

It means intentionally taking action, specifically leaving the state of Minnesota, with the specific purpose of avoiding a legal process (like a paternity test or court hearing) that would officially determine you are the biological father of a child.

Is leaving the state to evade paternity a felony in Minnesota?

Yes, under Minnesota Statute 609.31, leaving the state to evade establishment of paternity is a felony offense, carrying significant penalties including potential prison time and a substantial fine.

What are the specific conditions for this charge?

To be charged, you must have: 1) left Minnesota, 2) with the intent to evade paternity proceedings, and 3) known that a woman you had sexual intercourse with was pregnant or had given birth to a living child within the previous 60 days.

What if I left the state for a job opportunity, not to evade paternity?

This is a critical defense. If you can prove you had a legitimate, pre-existing reason for leaving Minnesota (like a new job, family emergency, or pre-planned relocation), your attorney can argue you lacked the necessary “intent to evade” paternity.

How does the state prove I “knew” about the pregnancy or birth?

The state will try to prove knowledge through evidence of direct communication (texts, emails, calls), witness testimony from people who told you, or circumstances where it would be impossible for you not to know. Challenging this “knowledge” element is crucial.

Will I lose my driver’s license if convicted?

While not a direct statutory penalty for this specific crime, a felony conviction can have broad collateral consequences. Depending on the circumstances and other related issues, it’s possible for your driver’s license to be affected, especially if there are related child support issues.

Can I be charged if I’m not the biological father?

The charge is for evading proceedings to establish paternity, not necessarily for being the biological father. However, if DNA evidence later proves you are not the father, it would be a powerful defense against the underlying paternity claim and thus the criminal charge.

What’s the difference between this and child support evasion?

This statute (609.31) specifically addresses leaving the state with the intent to evade the establishment of paternity (i.e., being legally identified as the father). Child support evasion (under different statutes) is about failure to pay support after paternity has already been established.

Can I be extradited back to Minnesota if I’m charged and living in another state?

Yes. As a felony, this charge can lead to extradition from another state back to Minnesota. If there’s a warrant for your arrest, law enforcement in other states can apprehend you and facilitate your return to face charges in St. Louis County.

What is the typical process once charged with this crime?

The process generally involves arrest, booking, initial court appearance (arraignment), setting of bail, pretrial hearings, discovery (exchange of evidence), negotiations, and potentially a trial if no plea agreement is reached. Your attorney will guide you through each step.

How long does the prosecution have to bring this charge?

The statute of limitations for felonies in Minnesota is generally three years from the date the crime was committed. However, if the crime involves a fleeing suspect, there can be extensions to this period.

Can this charge affect my ability to get a loan or buy a house in Cloquet?

Yes. A felony conviction for this crime will appear on your criminal record, making it much harder to secure loans, mortgages, or qualify for housing in Cloquet or anywhere else, as lenders and landlords conduct background checks.

What if I didn’t know about the specific “60-day” timeframe?

The statute requires “knowing that a woman… has given birth within the previous 60 days.” While you might not know the exact legal timeframe, the prosecution must still prove you had actual knowledge of the birth within that window. Your attorney will challenge the state’s proof of your knowledge.

Does it matter if the paternity case eventually goes nowhere?

The criminal charge focuses on your intent to evade at the time you left the state and your knowledge at that time. If the paternity case later fails for other reasons, it might be mitigating, but it doesn’t automatically negate the criminal charge for your actions when you left.

How can a dedicated attorney in Proctor help me challenge this charge?

A dedicated attorney in Proctor will meticulously investigate your reasons for leaving the state, challenge the prosecution’s evidence of your knowledge of pregnancy/birth, cross-examine witnesses, and gather evidence to prove your lack of evasive intent. The attorney’s goal is to protect your future from a felony conviction.