Drug Possession/Child Endangerment

[ScaredguyinCA]

What is the name of your state (only U.S. law)? CA

A couple weeks ago I had my daughter for a day visit and I was supposed to bring her back to her grandparents at 5PM ( Her mother has custody of her, but was out of the country on vacation for the weekend and we had arranged I would return our daughter to her parents). On my way back, I was pulled over for driving on a suspended license. My car was searched and the police found hash, a small amount of meth, and a meth pipe. My daughter was taken by the police to the police station and released to her grandfather. I spent three days in jail and then bailed out. I am being charged with misdemeanor child endangerment/abuse 273a(a) and three counts of possession 11364(a), 11357(a), 11377(a). I will not plead guilty to the child abuse endangerment charges because I do not believe I am guilty, and I want to be aquitted of these exaggerated charges. Consequently the judge issued a protective order with my daughter as the victim and I am allowed no contact with her. Her mother wrote a victim impact statement saying I caused our daughter mental trauma, and as a result she has put her in counseling. This is outlandish and done to defame my character. I want to be vindicated and retain my relationship with my daughter, so I want a jury trial. What are my chance of winning? How long until I get a trial? How can I get the protective order removed?

 

[Silverplum]

What is the name of your state (only U.S. law)? CA

A couple weeks ago I had my daughter for a day visit and I was supposed to bring her back to her grandparents at 5PM ( Her mother has custody of her, but was out of the country on vacation for the weekend and we had arranged I would return our daughter to her parents). On my way back, I was pulled over for driving on a suspended license. My car was searched and the police found hash, a small amount of meth, and a meth pipe. My daughter was taken by the police to the police station and released to her grandfather. I spent three days in jail and then bailed out. I am being charged with misdemeanor child endangerment/abuse 273a(a) and three counts of possession 11364(a), 11357(a), 11377(a). I will not plead guilty to the child abuse endangerment charges because I do not believe I am guilty, and I want to be aquitted of these exaggerated charges. Consequently the judge issued a protective order with my daughter as the victim and I am allowed no contact with her. Her mother wrote a victim impact statement saying I caused our daughter mental trauma, and as a result she has put her in counseling. This is outlandish and done to defame my character. I want to be vindicated and retain my relationship with my daughter, so I want a jury trial. What are my chance of winning? How long until I get a trial? How can I get the protective order removed?

You didn't have a meth pipe, meth, and hash?

 

[Zigner]

What is the name of your state (only U.S. law)? CA

A couple weeks ago I had my daughter for a day visit and I was supposed to bring her back to her grandparents at 5PM ( Her mother has custody of her, but was out of the country on vacation for the weekend and we had arranged I would return our daughter to her parents). On my way back, I was pulled over for driving on a suspended license. My car was searched and the police found hash, a small amount of meth, and a meth pipe. My daughter was taken by the police to the police station and released to her grandfather. I spent three days in jail and then bailed out. I am being charged with misdemeanor child endangerment/abuse 273a(a) and three counts of possession 11364(a), 11357(a), 11377(a). I will not plead guilty to the child abuse endangerment charges because I do not believe I am guilty, and I want to be aquitted of these exaggerated charges. Consequently the judge issued a protective order with my daughter as the victim and I am allowed no contact with her. Her mother wrote a victim impact statement saying I caused our daughter mental trauma, and as a result she has put her in counseling. This is outlandish and done to defame my character. I want to be vindicated and retain my relationship with my daughter, so I want a jury trial. What are my chance of winning? How long until I get a trial? How can I get the protective order removed?

You need an attorney. Really.

Furthermore, you need to stop professing your crimes on the interwebs.

Personally, the charges sound appropriate to me and I'm glad that steps have been taken to protect your daughter from you.

 

[ScaredguyinCA]

You didn't have a meth pipe, meth, and hash?

I have a doctors rec for the hash, and even if I did have the meth and the pipe, I did not abuse or endanger my daughter.

 

[Zigner]

I have a doctors rec for the hash, and even if I did have the meth and the pipe, I did not abuse or endanger my daughter.

Just having it in the car can be seen as endangering her

 

[Silverplum]

I have a doctors rec for the hash, and even if I did have the meth and the pipe, I did not abuse or endanger my daughter.

You aren't thinking clearly. Or like a parent.

 

[Ohiogal]

I have a doctors rec for the hash, and even if I did have the meth and the pipe, I did not abuse or endanger my daughter.

The fact you don't get it, means you need a whole heck of a lot of help. You did endanger your daughter, you druggie. Or was this a momentary lapse in judgment?

 

[Zigner]

You aren't thinking clearly. Or like a parent.

Unfortunately, far too many "parents" think this way

 

[TigerD]

Just having it in the car can be seen as endangering her

How so? Is daughter going to climb out of her car seat, dig into the stash spot, load the pipe, bum a light, and start hitting the pipe without Dad noticing? Or are you claiming that the mere presence of a drug in the general vicinity of the child is endangerment (note I didn't say illegal drug because, they are all illegal to the minor child)? Or that there is some existential difference between legally proscribed Oxy and black market Oxy or meth and legally proscribed morphine in a medicine cabinet?

TD

 

[Zigner]

How so? Is daughter going to climb out of her car seat, dig into the stash spot, load the pipe, bum a light, and start hitting the pipe without Dad noticing? Or are you claiming that the mere presence of a drug in the general vicinity of the child is endangerment (note I didn't say illegal drug because, they are all illegal to the minor child)? Or that there is some existential difference between legally proscribed Oxy and black market Oxy or meth and legally proscribed morphine in a medicine cabinet?

TD

That's a fair enough question and may be a valid point for the OP's legal counsel to raise when defending his client.

 

[Eekamouse]

What is the name of your state (only U.S. law)? CA

A couple weeks ago I had my daughter for a day visit and I was supposed to bring her back to her grandparents at 5PM ( Her mother has custody of her, but was out of the country on vacation for the weekend and we had arranged I would return our daughter to her parents). On my way back, I was pulled over for driving on a suspended license. My car was searched and the police found hash, a small amount of meth, and a meth pipe. My daughter was taken by the police to the police station and released to her grandfather. I spent three days in jail and then bailed out. I am being charged with misdemeanor child endangerment/abuse 273a(a) and three counts of possession 11364(a), 11357(a), 11377(a). I will not plead guilty to the child abuse endangerment charges because I do not believe I am guilty, and I want to be aquitted of these exaggerated charges. Consequently the judge issued a protective order with my daughter as the victim and I am allowed no contact with her. Her mother wrote a victim impact statement saying I caused our daughter mental trauma, and as a result she has put her in counseling. This is outlandish and done to defame my character. I want to be vindicated and retain my relationship with my daughter, so I want a jury trial. What are my chance of winning? How long until I get a trial? How can I get the protective order removed?

OK, so you don't think it was traumatizing for your daughter to watch her father get arrested for drug possession? You think she was okay with that and doesn't need counselling to deal with that horrible experience? You need rehab, dude, and a slap upside your thick head to maybe knock some sense into you. Good luck beating the charges. You're going to need it. Expect to be drug tested A LOT in your future if you want to see your kid again. The fact that you called them "exaggerated charges" clearly demonstrates just how selfish and self absorbed you are. Your child deserves a better father than what she has in you. SMH!!!!

 

[Silverplum]

How so? Is daughter going to climb out of her car seat, dig into the stash spot, load the pipe, bum a light, and start hitting the pipe without Dad noticing? Or are you claiming that the mere presence of a drug in the general vicinity of the child is endangerment (note I didn't say illegal drug because, they are all illegal to the minor child)? Or that there is some existential difference between legally proscribed Oxy and black market Oxy or meth and legally proscribed morphine in a medicine cabinet?

TD

Meth=death. http://www.methinyourhouse.com/health-effects-of-third-hand-meth.html#.VgB3FzZRGM8

From the link: "Methamphetamine is a crystal that vaporizes when heated, as in smoking. The vapor clings to surfaces and reforms into crystals. People who come in contact with these surfaces can ingest the meth through their skin or by touching contaminated surfaces then touching mouth, nose or eyes. Babies are especially vulnerable. They live in a world where they crawl on all fours and everything is sampled by tasting. It takes only small amounts of meth to affect a baby."

 

[quincy]

What is the name of your state (only U.S. law)? CA

A couple weeks ago I had my daughter for a day visit and I was supposed to bring her back to her grandparents at 5PM ( Her mother has custody of her, but was out of the country on vacation for the weekend and we had arranged I would return our daughter to her parents). On my way back, I was pulled over for driving on a suspended license. My car was searched and the police found hash, a small amount of meth, and a meth pipe. My daughter was taken by the police to the police station and released to her grandfather. I spent three days in jail and then bailed out. I am being charged with misdemeanor child endangerment/abuse 273a(a) and three counts of possession 11364(a), 11357(a), 11377(a). I will not plead guilty to the child abuse endangerment charges because I do not believe I am guilty, and I want to be aquitted of these exaggerated charges. Consequently the judge issued a protective order with my daughter as the victim and I am allowed no contact with her. Her mother wrote a victim impact statement saying I caused our daughter mental trauma, and as a result she has put her in counseling. This is outlandish and done to defame my character. I want to be vindicated and retain my relationship with my daughter, so I want a jury trial. What are my chance of winning? How long until I get a trial? How can I get the protective order removed?

It appears that no one needs to defame your character. You seem to be doing a pretty good job of ruining your reputation all by yourself.

 

[CdwJava]

What is the name of your state (only U.S. law)? CA

On my way back, I was pulled over for driving on a suspended license.

Why was your license suspended?

Oh, and unless the officers knew you on site, you were NOT stopped for driving on a suspended license. So, why were you REALLY stopped, initially?

My car was searched and the police found hash, a small amount of meth, and a meth pipe.

Oops! Not a good idea to travel in a car with your dope and paraphernalia.

My daughter was taken by the police to the police station and released to her grandfather. I spent three days in jail and then bailed out. I am being charged with misdemeanor child endangerment/abuse 273a(a) and three counts of possession 11364(a), 11357(a), 11377(a).

Sounds about right ... though they didn't add the suspended license charge... lucky you.

I will not plead guilty to the child abuse endangerment charges because I do not believe I am guilty,

Yeah, you may be able to prevail on that one. Maybe. And that also depends on why else you were pulled over because it was not for a suspended license unless the officers knew you and could run your name on sight.

and I want to be aquitted of these exaggerated charges.

How are they "exaggerated?" You possessed meth, hash, and a meth pipe. Where is the exaggeration????

Lucky you that the voters in CA got snookered last November and made your former felony into a misdemeanor. As of right now you face offenses that you can deal with through diversion, or, probation, fines and MAYBE a very short jail stay.

Consequently the judge issued a protective order with my daughter as the victim and I am allowed no contact with her.

That's unusual. But, I suppose that based upon the 273a charge, that's not unreasonable.

Her mother wrote a victim impact statement saying I caused our daughter mental trauma, and as a result she has put her in counseling. This is outlandish and done to defame my character.

Then I am sure when the court gets the therapist's report, it will be seen to be outlandish.

I want to be vindicated and retain my relationship with my daughter, so I want a jury trial. What are my chance of winning?

Uh ... none. Unless you can somehow get the detention or the arrest tossed out somehow.

How long until I get a trial? How can I get the protective order removed?

Trial will begin when they get around to it. Your attorney can press for a speedy trial if you want and have not already waived time. And the CPO will be removed if the charges (at least for 273a) are dismissed, or you prevail at trial.

 

[CdwJava]

How so? Is daughter going to climb out of her car seat, dig into the stash spot, load the pipe, bum a light, and start hitting the pipe without Dad noticing? Or are you claiming that the mere presence of a drug in the general vicinity of the child is endangerment (note I didn't say illegal drug because, they are all illegal to the minor child)? Or that there is some existential difference between legally proscribed Oxy and black market Oxy or meth and legally proscribed morphine in a medicine cabinet?

TD

Meth can also be consumed orally and absorbed through the skin. I am also wondering where the PC 273a charge is coming from. This usually is part of the charges when the driver is arrested for DUI or other reckless driving, or maybe he was under the influence of drugs at the time, hence the reason I am wondering what he was actually stopped for.

Now, if the meth was in a place accessible to the child, then I can see much clearer validity in these charges.