Can you get a child endangerment charge if an officer comes into your home and finds drug parafinala but your child is at school?

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Can you get a child endangerment charge if an officer comes into your home and finds drug parafinala but your child is at school?

While your kid is at school an officer comes into your home and finds drug paraphernalia in your room and arrests you for that. However, couple weeks down the line, can they legally decide to charge you and put a warrant out for you for a child endangerment charge?

Asked on May 15, 2019 under Criminal Law, California

Answers:

M.D., Member, California and New York Bar / FreeAdvice Contributing Attorney

Answered 2 years ago | Contributor

First of all, whether or not your children were at the house at the time, if drugs were on the premises than they could have found them after they returend home; there was no gurantee that they would have been removed. Further, as to the timing of filing charges, there is no legal requirement that charges be filed immediaitely. Typically the authorities have several years in which to do so.

SJZ, Member, New York Bar / FreeAdvice Contributing Attorney

Answered 2 years ago | Contributor

Yes, they can do this.
1) There is no requirement to charge you immediately. The authorities will generally have a year or sometimes more to file an charges.
2) Having drugs around minors can certainly be child endangerment, since the drugs found by the officer could have been found by the child or children.


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