If a babysitter is arrested just because illegal drugs are found in the home she is working in, should she get an attorney?

Asked on August 17, 2015 under Criminal Law, Pennsylvania

Answers:

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

Answered 5 years ago | Contributor

Any time criminal charges are involved, an attorney should be consulted. An experienced defense attorney can possibly get the charge thrown out or at least reduced. It will depend on the evidence. Simply being present at the home will more than likely not be enough. Again, seek legal representation.

SJZ, Member, New York Bar / FreeAdvice Contributing Attorney

Answered 5 years ago | Contributor

She can be arrested if there is reason to believe, such as from the location of the drugs, fingerprints, the testimony of other people, and/or other evidence that the drugs were hers. For example, say that the drugs were found on the open in a room in which the babysitter was in next to, in, or or under her bag or that that the children testified that they say the babysitter with or using the drugs--in those cases, clearly she could be arrested. So the answer depends on what the evidence suggests or says.


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