Criminal Law Questions? Ask a Criminal Lawyer.
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Judith, I certainly understand your situation. In regard to the criminal charges, the fact that the bag and pipe were found in her bedroom would place her in constructive possession, not actual, like as if it was found on her person. Notwithstanding, it was found in her bedroom, where she sleeps and stays, so there is an assumption that it belongs to her. Even though it was a small bag and pipe with residue/particles on it, the police do test it and that is enough for a possession charge to be filed. Her attorney should obtain the lab results from the police, showing that these two items were tested and tested positive for meth or any other drug that was contained within. She has every legal right to fight this if she wants and her attorney can look into the manner in which the police entered the home and if they have a legal right to search her home/bedroom. If they did not, the evidence could possible be suppressed. A probationary sentence is common for a situation like this if the defendant is a first time offender and has a clean record. However, the court often has a drug court program set up, which she may want to inquire about entering into, which could result in the charges being dismissed, if she successfully completes it. This is something she can speak with her attorney about. In regard to your concern about the children, you could step in and contact the State, if they are going to be removed for the home or if you think the mother is unable to care for them. Child services would rather place the children with a family member like you, rather then in foster care. If the children are in danger/harm, you could also petition the court to gain temporary custody of them, until things get better with the mother and she can properly care for them, if no action is taken by the state. Since she was charged with child endangerment, the State is certainly going to look into and investigate the home and care of the children, so you want to make them aware of your willingness to take them, if they are removed.
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