15 y/o self accidental overdose

[concernedmom1]

What is the name of your state?What is the name of your state? Georgia

Situation: My 15 y/o daughter (she'll be 16 in July) recently visited her dad and discovered his "medications" and brought several home (percodan,
neurotin and morphine patch) without anyones knowledge. One evening, her 17 y/o boyfriend (he just turned 17 on Dec. 5th) were at our home while her
sister and I went Christmas shopping. Her boyfriend realized she was acting strange and questioned her. She told him what she had taken (to "just get high"). Before she got too bad, he made her give him the rest medication she had taken from her dads so we would know what they were. Shortly after that she began to get semi-unconscience and he tried to call me on my
cell phone. Unfortunately the phone was off, but fortunately I arrived home about 10 minutes later. I found my daughter unconscience on the floor, having trouble breathing and called 911. Fortunately, she survived and is doing well (after the charcoal and IV's). At our home and hospital the police asked questions (during all the the turmoil of paramedics) about what happened and was told the above. At some point, they took the boyfriend outside and began to question him and he told them again the above. The
next thing I know the police were back inside and informing me they were arresting him for contributing the deliquency of a minor, because they "believed" he bought the drugs for her. He later stated they
hancuffed him outside advised him of the charge, did not advise him of his Miranda rights, took him to jail, booked him. He asked to call his custodial grandparents before he was booked and they said no and again was
not avised of his rights. After booking his was allowed to call his grandparents, who bailed him out. Now here's my questions:

1. Am I "contributing to the deliquency" by allowing
them to still see each other?
2. Do we have any issue with the Miranda not being
read?
3. Can he be convicted even if my daugher testifies
he didn't buy them for her.
4. Will there be a preliminary before a Judge? Should
he have an attorney present for this?
5. He does not work or have $$ (he's still in school),
can he apply for a court appointed attorney?

 

[rmet4nzkx]

What is the name of your state?What is the name of your state? Georgia

Situation: My 15 y/o daughter (she'll be 16 in July) recently visited her dad and discovered his "medications" and brought several home (percodan,
neurotin and morphine patch) without anyones knowledge. One evening, her 17 y/o boyfriend (he just turned 17 on Dec. 5th) were at our home while her
sister and I went Christmas shopping. Her boyfriend realized she was acting strange and questioned her. She told him what she had taken (to "just get high"). Before she got too bad, he made her give him the rest medication she had taken from her dads so we would know what they were. Shortly after that she began to get semi-unconscience and he tried to call me on my
cell phone. Unfortunately the phone was off, but fortunately I arrived home about 10 minutes later. I found my daughter unconscience on the floor, having trouble breathing and called 911. Fortunately, she survived and is doing well (after the charcoal and IV's). At our home and hospital the police asked questions (during all the the turmoil of paramedics) about what happened and was told the above. At some point, they took the boyfriend outside and began to question him and he told them again the above. The
next thing I know the police were back inside and informing me they were arresting him for contributing the deliquency of a minor, because they "believed" he bought the drugs for her. He later stated they
hancuffed him outside advised him of the charge, did not advise him of his Miranda rights, took him to jail, booked him. He asked to call his custodial grandparents before he was booked and they said no and again was
not avised of his rights. After booking his was allowed to call his grandparents, who bailed him out. Now here's my questions:

1. Am I "contributing to the deliquency" by allowing them to still see each other? Possibly
2. Do we have any issue with the Miranda not being read? NO
3. Can he be convicted even if my daugher testifies
he didn't buy them for her. Yes if there isn't any other compelling evidence to the contrary, since he had the drugs in his possession, were the in Rx bottles or loose, does her father know that this happened and has he confirmed those Rx and any missing medications? Will he testify? Has the police contacted him? Were his drugs legal? Why didn't he call 911 himself?
4. Will there be a preliminary before a Judge? Should he have an attorney present for this? Yes
5. He does not work or have $$ (he's still in school), can he apply for a court appointed attorney? Yes

There are some unanswered questions.

 

[concernedmom1]

Her father lives in another city (3 hrs away) and does not know of the situation at this time. I don't think he would testify as he is pretty much estranged from his children. He has only seen them 2 times in the past 2 years. These were prescribed medications and were brought home loose (3 of each of the percodan & 4 neurotin and 1 patch). The only reason the boyfriend had the ones she did not take (1 of the percodan & neurotin) was because he made her give them to him so he would be able to know what she took.

 

[CdwJava]

The father will almost certainly have to testify for the defense to keep the boyfriend out of jail. The defense attorney CAN subpoena him to court and compel his testimony whether he wants to or not. However, if he claims that all the drugs were accounted for and none were taken ... oops!

- Carl

 

[rmet4nzkx]

Well it is pretty self evident that her father needs to be contacted about the OD, also that she claims to have gotten the drugs there, if anyone is to have a defense.
Contact the police and inform them where your daughter got the drugs, if they are actually from her father and perscribed for him, it should not be too hard to confirm. If your daughter has issues, now is the time to address them, next time she may not be so lucky.

 

[racer72]

Something else you will discover pretty soon. Most if not all health insurers do not cover the costs related to self inflicted drug overdoses. I found out the hard way about 10 years ago with my stepdaughter.