QUESTION
Could she be assigned for rehab and given probation for neglect, though her child was taken from her?
Asked on Feb 07th, 2013 on Criminal Law - New York
More details to this question:
A child found wondering the streets looking for her mother at 2 a.m. Her mother found high on drugs and charged with simple possession. Which case would take priority? Separate courts?
5 ANSWERS
Michael J. Breczinski
Yes she could be put in rehab by either court.
Answered on Feb 18th, 2013 at 2:54 PM
Estate Planning Attorney serving Provo, UT
at
Randy M. Lish, Attorney at Law
Update Your Profile
What will happen is very fact-intensive, and an attorney would need to go over the police report in detail to give good advice.
Answered on Feb 08th, 2013 at 2:10 PM
Thomas Edward Gates
The two issues will be addressed by the two separate agencies. It is highly likely that the children will be taken away from her for neglect and endangerment. Depending on her criminal history, she may be able to enter into a drug treatment program.
Answered on Feb 08th, 2013 at 2:10 PM
3 Awards
Separate courts Depending on record will get probation and some kind of rehab D&N ct will remove child and then work to slowly put them back together w supervision etc if mother wants it and works for it .
Answered on Feb 08th, 2013 at 2:09 PM
The proceeding to remove the child from the home, and the proceeding that would give her rehab and probation would be separate courts and separate cases, since the simple possession charge is with the criminal courts and the removal of the child is in the family courts.
Answered on Feb 08th, 2013 at 2:08 PM
Seth D. Schraier, Esq. Law Office of Seth Schraier 3647 Broadway Suite 4G New York, New York 10031 Cell: (914) 907-8632 www.SchraierLaw.com