I'm going to give you as much info as possible without knowing the age of your children, the condition of your home, nor knowing the activities of your children while they were left alone (i.e., were they injured? about to be injured, playing with guns, knifes, fire, etc?).

Sounds like formal charges have not been filed, so lets review some of the possible charges you may end up with. Typically, allegations such as these are filed under Section 827.03(3)(a)1 as “neglect of a child,” whereby the State alleges “a caregiver's failure or omission to provide a child with the care, supervision, and services necessary to maintain a child's physical and mental health, including, but not limited to food, nutrition, clothing, shelter, supervision, medicine, and medical services that a prudent person would consider essential for the well-being of the child.” Also, subsection (3)(a)2, that failure or omission can be based on repeated conduct or, “on a single incident or omission that ... could reasonably be expected to result in, serious physical or mental injury, or a substantial risk of death to a child.” Subsection (3)(c) of the statute does not require that the State prove that the child has actually suffered any “great bodily harm, permanent disability, or permanent disfigurement,” only that the caregiver has placed the children at risk. However, even if your alleged conduct or omission has the potential to cause serious physical or mental injury or risk of death to the child, that “neglect” becomes criminal only when the State proves that you, as the caregiver, acted “willfully or by culpable negligence.”

So, what is culpable negligence? There are whole boring court cases defining it, but easiest definition is “consciously doing an act which a reasonable person would know is likely to result in death or great bodily harm to another person, even though done without any intent to injure anyone but with utter disregard for the safety of another". Notice the words "result in death or great bodily harm"?

DCF often has an easier time imposing sanctions on parents for such allegations than do the criminal courts, as police often attempt to turn a DCF investigation into a jail term. The standard is much higher on criminal cases. Our Florida legislature has demanded that the State prove more than mere negligence to criminalize child neglect. And, the legislature has required that the defendant's acts or omissions create a “reasonably expected” potential for the child to suffer, at a minimum, serious injury.

As you can see from the above analysis, much of your case will depend on the specific facts, and charges brought against you. Don't pay much attention to what the police officers arrested you for, as that will become irrelevant once formal charges are made by the State Attorney's Office.

The State Attorney's office has almost six months to file formal charges against you, if they chose to file felony allegations, and almost 90 days from arrest to file misdemeanor charges. Typically, if the State decides not to press charges, they will file a "No Information Notice" with the clerk of court, informing the clerk of their decision not to pursue formal charges. Don't wait for this to happen, you should contact an attorney to discuss your options. Be prepared. Good luck.