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Zoey_ JD
Zoey_ JD, JustAnswer Criminal Law Mentor
Category: Criminal Law
Satisfied Customers: 27710
Experience:  Admitted to NYS Criminal defense bar in 1989. Extensive arraignment, hearing, trial experience.
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Law enforcement went to my house looking due to having

Customer Question

law enforcement went to my house looking for me due to having a warrant my husband was arrested my kids were taken by im out I have no drug charges,or any criminal record..what can I do about this my kids are still with cps
Submitted: 2 years ago.
Category: Criminal Law
Expert:  Zoey_ JD replied 2 years ago.
My name is ***** ***** I am an experienced criminal lawyer.
Why was your husband arrested? What is the status of his case and of your warrant matter?
Customer: replied 2 years ago.
well they said for under the influence which he takes prescribed medication has a prescription for it they said they wanted a test and the police said if you don't test then your dirty which by that time they already had my children out in the cps car he has no record nor hes not on probation or anything they released him after 6 hours.therefore as for myself i'v had this warrant since 2013 for a failure to appear for a dui,under the influence of prescribed medication which they did not test me upon arresting me
Customer: replied 2 years ago.
now I go to court on Monday for my children which there wanting to do a hair folical test which I feel im being harassed since they asked me about my sister whos a felon I have no communication with my family I honestly feel they came with an intent to harass,mind you this is the same officer that arrested my brother and now hes been looking for my sister.
Expert:  Zoey_ JD replied 2 years ago.
CPS is going to investigate to see whether or not your home environment is a safe one for children to be and whether your use of prescribed medications are somehow jeopardizing your children by preventing you from taking adequate care of them. Typically, until they make their investigation, they will remove the child(ren) and place the with relatives or in foster care.
It's not possible for me to say whether they will quickly find that your children are not at risk and return them to you, or whether they will require that you cooperate with them and make some lifestyle changes in order to get your kids back. Much will depend upon their findings.
You can contact CPS if you have relatives you trust who you know will be able to temporarily care for your children until the investigation is complete, and you should find out if you are able to visit them while they are not in the household. If you can, you ought to do so.
They may want you and your husband to have drug counseling, for example. And if they require you to do these things, then cooperation with them rather than argument is best. You may already be past this point, as I see that you have a Family Court date and that they are asking for a hair follicle test. Although you can certainly hire a lawyer and try to contest this on the basis that all this is is harassment by CPS, as they already know you and your husband take prescribed medications, a judge will almost certainly order a hair follicle test. As objectionable as it may seem to you, the quickest way to get your children back is to try to work with CPS instead of arguing with them. They are a very powerful agency, and they are fond of finding ways of letting you know it that will tie you up in litigation.