How JustAnswer Works:
  • Ask an Expert
    Experts are full of valuable knowledge and are ready to help with any question. Credentials confirmed by a Fortune 500 verification firm.
  • Get a Professional Answer
    Via email, text message, or notification as you wait on our site. Ask follow up questions if you need to.
  • 100% Satisfaction Guarantee
    Rate the answer you receive.
Ask CrimDefense Your Own Question
CrimDefense, CriminalDefenseAtty
Category: Criminal Law
Satisfied Customers: 28077
Experience:  10+ years defending Misdemeanor and Felony cases.
Type Your Criminal Law Question Here...
CrimDefense is online now
A new question is answered every 9 seconds

This is Judith, The person arrested and charged was my daughter

This answer was rated:

This is Judith, The person arrested and charged was my daughter in law, her attorney told her to plead guilty to the charges and she would just get probation, not a lawyer of course, but seems to me, that small specks sticking to sides of a very small plastic bag, that was found in her bedroom is not possession, of very small amount of white specks, they also found glass tub also kids did not see any of this, they are trying to take kids away. How much would you charge for answer

Hi! I will be the professional that will be helping you today. I look forward to providing you with information to help solve your problem.

Good morning. The amount that will be charged for an answer is what you agreed to pay, when you placed your deposit. I would be happy to answer your question, so please let me know what you would like to know and if you want to proceed.

Customer: replied 5 years ago.
I agreed to $23.00. Worried about grandkids, mother charged with child endangerment, assault causing injuries (she pulled 15 yr old hair as she was leaving house when told she couldn't) no red marks or clumps of hair. Possession of Meth, found a small (2"x2') plastic bag that had some white little specks clinging to sides of bag, police said it looked like Meth, Drug Par. (and a small glass tube with residue inside) her court appointed attorney told her to plead guilty and get probation only

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.

Please let me know if you have any follow up questions or
need any clarification on something which I stated above, prior to rating me. Also, please remember to rate my service with
3, 4, or 5 faces/stars, before exiting the site, so I can receive credit for my
help. I hope you found it to be
Excellent! Only rate my answer when you are 100%
satisfied. If you feel the need to click either of the two faces/stars on the
left, please STOP and reply to me via the "REPLY TO EXPERT or CONTINUE
CONVERSATION "button. I want
to make sure your experience with the site was as pleasurable as possible and
that you are satisfied with the help I provided.

Customer: replied 5 years ago.
Police didn't test before they arrested her, that reason and the small amount of just specks, I was questioning if they could legally arrest and charge her maybe have tested after arrest. They arrested her first on one assault causing bodily injury, they called my son home from work wanted to look through house and son said ok, that's when they found baggy, pipe, and then added 3 more charges State took children out of home immediately and over to her parents house temp, till they decide what to do or maybe out come of case. I was going to get another local attorney to fight it, but since they were legal in everything, guess will just save my money..and hope for the best...Thank you
The police had probable cause to arrest and they normally test after, either at the station or use kit which they keep in their car. If it did not test positive, those charges would be dismissed by the State. Moreover, if the husband gave them permission to enter, they would be able to do so, since they had consent. You can retain a criminal defense attorney to help with her criminal charges but if there is an issue with child custody and you wanting to gain temporary custody, you need a family law attorney representing you and the interest of the children. Please let me know if you have any other questions. If not, please rate my help with 3, ,4 or 5 faces/stars, so I can get credit. Thank you!
CrimDefense and 5 other Criminal Law Specialists are ready to help you