Talking to Your Kids About a Parent Facing Federal Drug Charges.

When we help parents and caregivers approach these difficult conversations, we advise them to focus first on the nature of federal charges. Remember that federal drug charges are allegations, not findings, and therefore, children should not think of their parent as a “criminal” or “guilty”, at least, not yet. This means sticking to the facts and being clear that the accused parent will have a fair opportunity to present their side in court.

We also suggest that parents and caregivers approach their conversations based on the children’s ages and levels of understanding:

• Young children will generally understand basic, concrete rules and feelings and the changes they can expect to see in their immediate environment. Explain that a parent did something they think is not allowed (even if it’s not clear yet why this is the case), and that someone else thinks the parent did something wrong. It should also be made clear that this is not the child’s fault.
• School-age children have the ability to understand the role of laws, fairness, and longer-term consequences. You can begin to have a conversation about how the law is applied to specific types of conduct and the role of judges and lawyers. As always, be sure to reiterate that the situation is not a result of the child’s actions.
• Teenagers are likely to understand the legal nuance involved and the long-term practical consequences that will result regardless of the legal outcome of the case. You can be more direct, explaining how the situation is likely to develop, what to expect in terms of sentencing, and any necessary precautions that need to be taken in the meantime.

Along with offering a realistic explanation, caregivers should also ensure that they are providing appropriate reassurance. Your child may need to be told many times that the situation is not their fault, that they are loved, and that their needs will be met. While reassurance is important, avoid making promises that you cannot keep, such as release dates or a favorable case outcome, as neither of these are within your (or your child’s) control.

When Can a Federal Drug Accusation Affect Custody or Child-Welfare Proceedings?

The fundamental nature of federal drug charges, like all federal crimes, is that the government must prove guilt, whereas the accused defendant does not need to prove their innocence. Nevertheless, despite this basic fact, federal drug charges can negatively affect a parent’s child-custody proceedings. While judges should theoretically allow the criminal case to resolve first, this does not preclude them from making decisions during the intervening period, and those decisions can take your parent’s charges (and any accompanying allegations) into account.

When we assist parents and caregivers in these situations, we will also advise them of any child-protective procedures that may have the potential to impact their case. For example, in Michigan, a federal drug accusation may trigger a child-protective investigation. Michigan child-protective procedures are very distinct, and while similar procedures may exist in other states, Michigan is not the norm, and there is no nationwide rule.

In Michigan, if a report meets the statutory criteria for a CPS investigation, the investigation usually includes assessing the child’s safety and may include viewing the family’s home, even if the alleged conduct did not occur there. This is separate from the federal investigation and does not investigate the accused parent’s guilt or innocence in regard to the criminal drug charges in question. Instead, it is designed to assess the child’s immediate needs, safety, and protection.

However, a child-protective investigation can still have implications for your parent’s custody rights. For example, while a child-protective investigator is not investigating your parent’s guilt in regard to the criminal drug charges, the investigator can still determine that the parent is a risk and that child-protective services needs to intervene. It also means that the parent will not have the opportunity to defend themselves in a criminal proceeding before facing a custody determination that may change the child’s residence.

If this is a concern for your family, your federal defense lawyer should contact a family law lawyer to address it.

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What Changes for Children Between Federal Detention, Sentencing, and Case Resolution?

When talking to your children about what to expect and how they may be affected by a family member’s federal criminal charges, it is best to be direct but a bit broad. Your child may have questions about what it means when their parent faces criminal drug charges, so make sure to emphasize that there is a process, and a resolution, at the end. For example, criminal cases usually end in one of three ways: a trial (where a judge or jury decides guilt based on evidence), a plea deal (where the defendant agrees to a conviction and sentence in order to resolve the case), or a dismissal (where the charges are dropped).

The difference between an indictment, a conviction, and sentencing can be a difficult distinction to make for children, and for adults, too. While a judge will not impose a sentence until a federal drug case has been resolved through a conviction or guilty plea, parents and caregivers may need to support children during federal detention that happens before a parent’s criminal guilt has been proven in court. Federal cases can involve months or even years of unresolved uncertainty, and this can be especially taxing on a child when their parent has to be in a federal facility. To handle these situations, explain why the child’s parent will be in a federal facility and why it may take a while to determine when the child’s parent will be coming home.

In many cases, your child will be able to visit their parent in a federal facility. However, visitation and communication rules can vary significantly, and there are no single, nationwide rules and regulations that apply across all cases. Some federal facilities will have approved lists of visitors and require appointments in advance; others may not allow children to visit at all. If your child can visit their parent in a federal facility, your child should be prepared for changes in their environment and the challenges of visiting a secure facility.

When explaining what is happening to your children, it is also important to distinguish between pretrial detention and imprisonment. Detention refers to the period of time a parent spends in a federal facility before a case has reached a conclusion. If a parent has to be in a federal facility for a protracted period before a case has resolved, your children will have to adjust to their new normal. Once a case has resolved through a conviction or guilty plea, the court may impose a sentence that can include imprisonment.

While many federal drug cases involve some level of pretrial detention, this is not necessarily the case. Similarly, while a trial is the most well-known means of case resolution, this is not common. There is no set timeline, and cases may take months or years to resolve depending on the circumstances. As such, there is no nationwide twelve-to-twenty-four-month timeline that can be guaranteed for a child’s parent’s case.

Who Can Support the Defense without Overstepping or Creating Harmful Evidence?

When taking on the role of an advocate for your child’s defense, remember that your child’s defense lawyer represents your child, not you, even if you are the person paying the lawyer’s legal fees. There are absolutely no issues with third-party payment, provided that the payment arrangement includes consent, confidentiality, and independent representation. However, third-party payment cannot entitle parents and caregivers to interfere in the representation of their children.

In federal criminal cases, it is imperative that defense lawyers have the most accurate facts possible. This includes facts that may not support the client’s innocence. Federal defense lawyers need this information as early in the process as possible, as having this information allows them to make informed decisions and to advise their clients about the best way to handle their case.

As a parent or caregiver, you can support your child’s defense by helping them build a trusting and open relationship with their lawyer. Encourage your child to speak openly with their lawyer about all aspects of their case, including the facts that may be unfavorable. While this can be incredibly difficult, it is an essential aspect of preparing a federal criminal defense. Do not try to assist in “fixing” the facts of the case by presenting the facts in a way that you believe makes your child look better. When you do this, you risk misleading their defense lawyer and which will negatively impact the quality and effectiveness of their defense.

Parents and caregivers can also assist on a logistical level. For example, your child’s defense lawyer may request specific records, such as medical information and employment or financial records. The lawyer may also need transportation or appointment information for your child’s case. While coordinating this information through your child’s defense lawyer is important, providing such logistics and documentation is a great way to offer meaningful and helpful support.

Finally, think about what you share and how you share it online. Federal agents and prosecutors will not only look for information on social media but will also take screenshots of the posts they find. These statements may be taken out of context and could be used in your child’s case later. Be sure to consult with your child’s defense lawyer about what to post, and what not to post.

Speak With Counsel Before You Answer Anything

If agents have contacted you, the order matters: counsel first, answers second. Spodek Law Group has been practicing since 1976 and defends federal matters nationwide, coast to coast, from offices in New York, Brooklyn, Queens and Los Angeles. Call 888 348 8028.