Legal Question in Criminal Law in California

Re: drug use resulting in hospital care-legal consequences

Your wife should not tell the doctor about the use of the drug, unless it is absolutely necessary for her treatment. Most drugs are flushed from the system within 24 hours. The exception to this is the fat soluable drugs, LSD, Marijuana etc. As the other attorneys pointed out the doctor will report this to CPS. The social worker is unlikely to believe that this is the only incident in which you and your wife have used drugs. Your child will likely be removed from your home, and you will have to complete a comprehensive drug testing and rehabilitation program.

Re: drug use resulting in hospital care-legal consequences

You would be nuts to tell a medical professional this. Doctors are mandatory reporters of child abuse. I am not necessarily agreeing with the idea that using Ecstasy away from your child, having hired a babysitter, is child abuse, but what if the doctor or nurse sees it that way? Do you want to spend years in court fighting (probably unsuccessfully) to get your child back from some stranger?

Re: drug use resulting in hospital care-legal consequences

Yes and yes. If you are charged with child abuse or endangerment, or if the child is removed from your custody, as a result of your conduct, feel free to contact me for defense help, if the case is in SoCal.