husband and the law

My husband was picked up for a DWI in So. Dak. on 2/18. On the 12th of March he recieved a lesser sentence of reckless driving. We live in Ne. While in S.Dak. he went to a business that was searched by DEA and his phone book and money was taken from him. 2 of the persons at the business were taken to jail, one was released the next day and the other was heard "to be singing like a canary" to the DEA. My husband is a drug abuser and at times I think he is also selling. My question is: What will happen to me and my kids if our home gets searched (there are no drugs in our home that I know of), or he gets arrested. Can they seize our property? Can they take my kids away? I don't know where to turn. Do I go to a family lawyer or a criminal lawyer to find out my rights and the rights of my children. My kids know nothing of what is going on but I feel the 16 yr old is smarter and more aware than he lets on. Please help.

What would happen to you or your kids would depend on whether drugs are found, whether their location and the circumstances suggest that you or your kids also possessed them, and the rest of the evidence in the case. Whether your property will be seized depends on a number of things, including whether the property could be considered the proceeds of drug sales, whether the feds or state authorities are involved, and local laws. As to the kids, whether they get taken away and for how long would depend on a number of things, including whether you are arrested. At best a search will be traumatic and at worst could have penal consequences, depending on the circumstances. There is, of course, a way to avoid any risk to you or your children, but you know that.

Calatty, you truly do give excellent counsel! Thank you for posting on this site because you are a wonderful resource to us all, and I hope folks are taking to heart what you tell them in your posts because it is very good advice.

This exact thing happened to an acquaintance of mine. When asked if she knew there were drugs in the house she said yes, and her kids were taken from her as a result and became wards of the court. (Of course there may be more to it since I realize that acquaintances don't always tell one all the facts or the full truth.) Two years later she has custody of them but they are still wards of the court.

But, if the worst happens, do not waiver from what you wrote in your note: to your knowledge there are no drugs in the house. And then don't say a single word more without an attorney. REMEMBER, the people asking you may look like social workers and not cops: don't let your guard down and tell them anything without an attorney present, either, because a social worker is just about the same as a cop as far as I can tell from what happened to that gal and others I have heard about.