New York, NY asked in Criminal Law, Family Law, Immigration Law and Domestic Violence for New York

Q: How can I not commit possession if I find drugs in my abusive husband's belongings from before the order of protection?

I have an order of protection against my abusive husband.

I am not a citizen and I might apply for naturalization soon.

I am worried about the Good Moral Character requirement.

I suspect that I might find drugs and I want to make sure not to be committing possession in finding them.

Should I not look?

Should I leave them there if I find any?

Should I dispose of whatever I may find?

Should I have a third party sweep the house?

2 Lawyer Answers

A: You’re not committing possession if you bring the drugs to the local police department and tell them where you found them. Either that or you dispose of them properly (I don’t know what type of drugs they are, but use your head).

James L. Arrasmith
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Answered

A: To ensure you don't accidentally commit possession, avoid actively searching your husband's belongings for drugs. If you come across any drugs, do not touch or move them. This will help you avoid any implication of possession.

Instead, contact law enforcement immediately and inform them of the situation. Explain that you have an order of protection and are concerned about any illegal substances found. This step will help protect you legally and ensure the drugs are handled appropriately.

As you prepare for naturalization, maintaining a clear record is important. Taking prompt and responsible action in this situation will demonstrate your good moral character. Your primary focus should be on your safety and legal protection.

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