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TexLaw, Attorney
Category: Legal
Satisfied Customers: 4430
Experience:  Lead trial/International commercial attorney licensed 11 yrs
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My 15 year old daughter was visiting my niece (30+ years old)

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My 15 year old daughter was visiting my niece (30+ years old) Florida about 4 years ago - I just found out that my neice provided marijuana to my daughter and smoked with her - also bought her a pipe for smoking. my adult niece was also using cocaine in her presence. She flipped out on my daughter for reasons unknown & told her to get the [email protected] out of her house & that she didn't care if she had to f'ng walk home about 10pm @ night (we live in Georgia) this has become a huge family fight & my niece will not acknowledge what happened - I'm stuck in the crossfire -my niece has manipulated my family & blamed everything on my daughter - saying we don't know the "story" - are there any penalties or any recourse I have for providing & using drugs w a minor in Florida

Thank you for your question.

You can report your niece to the police for this, as it is a criminal offense. The police will decide whether to investigate this further and bring charges against your niece, such as reckless endangerment of a child or possession of narcotics.
Customer: replied 4 years ago.

Is there a statute of limitation on this kind of situation? I have witnessed her smoking pot & found a bag on my dining room floor that had coke in it & she admitted it was hers. It has been about 4 years now -do u expect that to b a problem?

Thank you for your response.

The statute of limitations for a misdemeanor reckless endangerment charge in Georgia is two years from the date of the crime. For possession of narcotics, it is four years.

That means you may still report the possession crime. However, it is unlikely that the police will conduct an investigation on a crime which took place four years ago. They will consider it stale. An investigation will not likely take place on the circumstances you are describing unless you are reporting criminal behavior that is occurring now, or in the recent past.

Customer: replied 4 years ago.

This happened in Florida when my daughter was staying @ my nieces house visiting. Are the limitations the same in Florida?

In Florida, there is no crime of reckless endangerment. Florida law requires actual physical harm to occur to the child by the caregiver (in this case this would be your niece) in order for there to be a charge.

So, the crime in Florida would be the possession of narcotics, and the statute of limitations for a misdemeanor charge is two years, and a felony is three years.

Thus the statute of limitations is likely expired in Florida in regard to your nieces criminal actions.

Other than these criminal issues, there is no civil action which can be taken as this would be beyond the civil statute of limitations as well.
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