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Category: Criminal Law
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Experience:  30 years legal experience
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If your 19 year old college student is home for summer and

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If your 19 year old college student is home for summer and you find evidence of them doing drugs, like cocaine etc. do you have the right to intervien with the courts permission?
Good afternoon,

I'm very sorry to hear of your situation.

When you say intervene---what exactly does that entail, to you?

Are you asking to you have the right to turn your child in to the police and then have a say as regards XXXXX XXXXX and the penalty imposed if they are found guilty?

Customer: replied 4 years ago.
No I mean do I have any legal rights as a parent to put him into a re-hab without his consent because he is over 18.
Good afternoon,

Thank you for clarifying that for me.

While you may certainly attempt to motivate your child to enter rehab---by getting tough and withholding all financial support, or withholding some other thing(s) that are near and dear to his heart, I'm sorry to say that there is no law which would simply allows you to force an unwilling adult child into rehab against their will.

That is where the courts come in. The courts have the ability to motivate in a way that you do not---offering rehabilitation as opposed to incarceration. The problem with the courts is that avoiding a felony record is not always possible, and even when the court agrees to a deferred prosecution---which is common in drug cases---the arrest and deferred prosecution will always be visible to both the state and federal government---and may preclude numerous occupations. However, the courts are a far better solution than is a life, shattered by drug use.

I wish you the best in 2012.

I understand that you may be disappointed by the Answer you received, as it was not particularly favorable to your situation. Had I been able to provide an Answer which might have given you a successful legal outcome, it would have been my pleasure to do so.

You may reply back to me using the Reply to Expert link if you have additional questions; and if you do, I ask that you please keep in mind that I do not know what you may already know or with what you need help, unless you tell me.

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. I have no control over the how the law impacts your particular situation, and I trust that you can understand how it would be unfair for me to be punished by a (negative rating) ----the first 2 stars/faces----for having been honest with you about the law.

Thank you,

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