As San Clemente drug crimes defense lawyers, we were sad to read about a drug crime that could permanently take away a couple's custody of their three-year-old daughter. The Coast News reported Feb. 2 on the arrests of Arturo Camarena and Mary Sanchez, a married couple, for possession of a controlled substance and cruelty to a child. Camarena was out on bail at the time, which triggered an 8 a.m. probation check from the San Diego County Sheriff's Department. They determined that the mother and father were using heroin and methamphetamine in the child's presence.
The article didn't report what offense had originally put Camarena in jail, but the probation check happened early on the morning of Jan. 25. At that time, officers found a methamphetamine pipe on a bed next to the couple's daughter, who was not named. It wasn't clear how they determined that the couple was using drugs right in front of the child, but sheriff's deputies handed the child over to the county child welfare department. The head of that department said it typically tries to reunite families when possible. But with a child as young as this one, she said, a permanent adoption may be appropriate if the parents are imprisoned for several years. It wasn't clear how much jail or prison Camarena and Sanchez faced, but willful cruelty to a child and drug possession can both be misdemeanors or felonies, depending on circumstances.
Our Yorba Linda drug crimes criminal defense attorneys hope there's more to this story than the article reported, because this family's future is at stake. Willful cruelty to a child is defined as willfully causing a child to suffer physically or mentally, or putting the child in a situation that endangers the child's life or health. We're not sure the reported facts pass that high threshold. Doing drugs in front of a child and leaving paraphernalia around for the child to see is not setting a good example and indicates that other areas of parenting may not be good. But by itself, it does not endanger the child's life or health - and that's the standard prosecutors must meet. Meeting that standard is very, very important when the child's ability to know her parents is at stake.
At Howard Law, P.C., we vigorously defend people who are caught in a legal nightmare like this one because of drug charges. Despite California's reputation for drug-friendliness, the unfortunate truth is that nonviolent drug crimes can still send people to prison for years in this state. They can also trigger legal proceedings affecting other parts of their lives, including child custody and immigration status. Our Whittier drug crimes criminal defense lawyers believe jails are the wrong answer for people involved in minor drug crimes. Whenever possible, we argue for drug diversion programs instead of jail, in which the client gets treatment and stays off drugs for a probationary period, in exchange for having the case dismissed.
If you're charged with a drug crime in California, you should call Howard Law, P.C. as soon as you can. To set up a free, confidential case evaluation, send us a message online or call 1-800-872-5925.
