San Bruno, CA asked in Criminal Law, DUI / DWI, Family Law and Child Custody for California

Q: my fiance was caught sleeping in a walgreens parking lot with the baby in the back baby seat. when the police looked in

the car they found drugs and drug perifenilia. we are almost done with the case but the cps lady asked me if i wouldnt minds taking a drug test every so often even though i was not involved in any way wat so ever. the night it happened i was in bed sleeping. i said yes but she sent me the papers and its alot more complicated then she said, since i am not the one who got in trouble do i have to sign? is there any way out of it? i am asking because i work 4 hours away from home and the cps lady said that they can call me and expect me to show up on their time and if i dont show up its like i failed the drug test. please let me know if i can get away without signing this hippa paper

2 Lawyer Answers
Dale S. Gribow
Dale S. Gribow
Answered
  • Criminal Law Lawyer
  • Palm Desert, CA
  • Licensed in California

A: THE PERSON WHO WOULD HAVE ALL THE INFO IS THE ATTORNEY FOR YOUR FIANCE.

DID HE PRESENT AN ILLEGAL SEARCH AND SEIZURE ARGUMENT? WHAT DID SHE PLEAD TO?

I AM NOT SURE HOW THEY WOULD HAVE JURISDICTION OVER YOU...........

DID YOUR FIANCE SAY IT WAS NOT HERS AND THAT IT WAS YOURS.?

WAS IT YOUR CAR? HAD YOU JUST BEEN DRIVING AND LEFT THEM IN THE PARKING LOT?

YOU SHOULD NOT BE TALKING TO THE AUTHORITIES. YOU CAN ONLY HURT YOURSELF.

IT'S NOT JUST WHAT YOU SAY BUT WHAT THEY "THOUGHT THEY HEARD YOU SAY".

WHY WOULDN'T YOUR FIANCE'S ATTY GUIDE YOU?

DID S/HE SAY IT WOULD BE A CONFLICT?

James R. Dickinson
James R. Dickinson
Answered
  • Criminal Law Lawyer
  • San Bernardino, CA
  • Licensed in California

A: Your fiance may have a criminal case, for child abuse/neglect/endangerment. There may also be a case in dependency court. And you, assuming he's the father of the children, may file in family court against him. I see court in his [and likely your] future. [I litigate cases. Anything posted here must not be construed as legal advice, nor as grounds for forming an attorney-client relationship. You should seek an attorney for formal legal advice and representation.]

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