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Zoey_ JD
Zoey_ JD, JustAnswer Criminal Law Mentor
Category: Criminal Law
Satisfied Customers: 23579
Experience:  Admitted to NYS Criminal defense bar in 1989. Extensive arraignment, hearing, trial experience.
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Possession charge over domestic violence call where

Customer Question

possession charge over domestic violence call where boyfriend takes drugs away from Girl friend to have a drug free environment for his children that are visiting later that day. Girlfriend now addmits she lied they were her drugs. But prosecutor thinks protecting him now
Submitted: 9 months ago.
Category: Criminal Law
Expert:  Zoey_ JD replied 9 months ago.

Hello,

What is the question you want to ask with regard to this? Has boyfriend been charged with a misdemeanor or a felony?

Customer: replied 9 months ago.
Felony
Expert:  Zoey_ JD replied 9 months ago.

Thank you for the reply. I still need to know what your question is with regard to these facts.

Customer: replied 9 months ago.
Officer was told when they arrived that I.had removed drugs from her person he never asked for them and she was still walking around thinking that I had to give them to somebody and they left with them she reports 91122 person in the car had drugs that left she is also admitted to my attorney investigator in several the people that they were drugs
Customer: replied 9 months ago.
Question is what kind of defense reason for removal of them because my children were coming over and I wanted drug free area
Expert:  Zoey_ JD replied 9 months ago.

Thank you. Give me a a few minutes to compose an answer

Expert:  Zoey_ JD replied 9 months ago.

Actually before I do, are you the boyfriend? Were you charged with possession of the drugs or with a domestic assault? If possession, did the police recover drugs? Were they prescribed medication or illegal drugs to begin with.

Expert:  Zoey_ JD replied 9 months ago.

If you're asking whether it would be a good trial defense to say that you took the drugs away from your girlfriend to give your kids a drug free environment, whether it would be good enough to convince a jury would depend upon the particular facts and circumstances of the case. Where were the drugs found, for example? Were they found somewhere that your kids could have had access to? If so, a jury may not find the defense particularly persuasive.

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