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Drug OD Alcohol & Drugs: DUI, DWI

Discussion in 'Criminal Charges' started by Cubsfan, Nov 23, 2018.

  1. Cubsfan

    Cubsfan Law Topic Starter New Member

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    My girlfriend OD on heroine the other day she was in the house with her 2 y/o daughter and her 16 y/o sister.her sister called 911 the paramedics revived her and she was arrested for possion of needle syringe and neglect of a dependent and now sits in jail what kind of charges will she face and can she loose custody of her baby
     
  2. shrinkmaster

    shrinkmaster Well-Known Member

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    I think you named charges and yes she could lose child at least temporarily. she should consult a Lawyer right away!
     
  3. army judge

    army judge Super Moderator

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    Possession of drug paraphernalia or related devices
    Neglect of a minor child


    Yes, she MIGHT lose custody
     
  4. mightymoose

    mightymoose Moderator

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    Possession of drug paraphernalia.
    Possibly possession of illegal drugs if any were found.
    Being under the influence of a controlled substance.
    Possibly child neglect/endangerment, but more information would be needed to support that.
    Losing custody really depends on the circumstances, but it is more likely she will have social services all up in her business for the foreseeable future to check in on the kids.

    She needs legal counsel immediately.
     
    leslie82 likes this.
  5. flyingron

    flyingron Well-Known Member

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    Possession of paraphernalia is good for 90 days and $500 fine if they have no priors. If they had priors it goes up to a year and $5000.

    The Child Neglect charge is far more serious. It's a felony of some degree (and the fact that she was doing drugs at the time elevates it). She could be looking at 1-6 years (and 3 years is typical).

    Yes, the child could very much be taken. It will certainly be taken if she is incarcerated. She needs a lawyer both to deal with the criminal charges and the custodial issues.
     
  6. mightymoose

    mightymoose Moderator

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    Let's not get too far ahead in the engagement issue. That mom overdosed does not automatically make it endangerment. We don't know the circumstances regarding the child, but we do know a 16 year old was also present with the child. More information would be needed to assess endangerment or neglect.
    We also sd not know the status of the father. That is a significant piece of information to consider before suggesting a child may be taken away.
    That the police included the offense of child neglect at the time of arrest does not mean evidence exists to support that charge. Time will tell if the prosecutor pursues it.
     
  7. Tax Counsel

    Tax Counsel Well-Known Member

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    She's also going to have a nice pile of medical bills to pay out of this unless she has a really good insurance policy that will pay it, and it would appear she needs to consider getting some treatment for a drug addiction, problem too. If she can't get off the drugs, eventually she is indeed likely to end up either dead or in prison eventually, and lose her kids. None of this is easy, and you need to decide if you want to stick around to deal with the problems that will keep coming up. Don't let your gf's drug problems become problems that drag you down, too.
     
  8. flyingron

    flyingron Well-Known Member

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    No, it doesn't "automatically" mean anything much more than you are "automatically" guilty of any crime you have been charged with. However, she was charged with a felony and that needs serious legal counsel, not internet advice.
     
  9. adjusterjack

    adjusterjack Super Moderator

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    Agree with Tax Counsel. You need to get this woman out of your life for keeps.
     
  10. zddoodah

    zddoodah Well-Known Member

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    At least drug/paraphernalia possession and child endangerment/neglect.

    Your post doesn't mention anything about a baby. If you're talking about the 2 year old child, of course that's a possibility. If you have reason to believe you are the father of the child, I suggest you consult with a local attorney about establishing your paternity and obtaining an appropriate custody order yourself. If it's not your kid, then all you need do is find a new girlfriend.
     
  11. leslie82

    leslie82 Well-Known Member

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    Well you already named the charges - and the prosecutor could add more if he or she wanted to do so.

    Yes she can lose custody of her child. People lose custody for a lot less.

    Get your girlfriend into rehab and get some help - and what are you doing with someone who abuses drugs and has kids? That's bad idea. Been there, done that. Addicts are not dependable and will mess up your life (unless you are one too).
     
    army judge likes this.

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