Criminal charges can happen in a moment’s notice and in unusual places, even when that place is the home of the defendant. This is the situation for one south central Kentucky man who was apprehended following a 911 call placed by his own son. The man apparently made a trip somewhere while his son was napping at home and left the child unattended. Upon awakening and realizing he was alone, the boy became frightened and called 911 operators to report his problem.
The call generated a welfare check conducted by the sheriff’s office who went to the residence to find the boy alone at home. His father soon arrived only to be greeted by the deputy and promptly arrested for abandonment of the minor child. Officers also detected the father was under the influence of methamphetamine at the time of his arrival, prompting a search for further evidence that produced a small amount of meth and drug paraphernalia.
Officers placed the father under arrest for driving under the influence of drugs in addition to the abandonment charge, also filing charges for controlled substance possession. The drug charges were filed as first offenses. The child was also removed from the home following the incident by the Kentucky Department of Protection and Permanency.
There are several issues in this case that an experienced criminal defense attorney will want to investigate. One issue is how the drug evidence was obtained and whether the officers legally entered the home without a warrant. Police typically answer emergency calls immediately and request warrants later when they have reasonable suspicion of criminal activity. Officer testimony may also be the only evidence of impaired driving.
It is important for all defendants in a criminal case to understand that details in how an arrest occurs are crucial to all prosecutions, and an aggressive criminal defense attorney will evaluate all articles of evidence for admissibility.
