QUESTION
Can I be charged for anything that is found in my home during a search?
Asked on Jan 15th, 2013 on Criminal Law - Michigan
More details to this question:
My cousin has been living in my home ever since his Mom passed away. He's genuinely a good kid but gets caught up with the wrong crowd. I'm not sure exactly what he did now, but I received a phone call at work about my home being searched. Apparently they found a bunch of weed and a scale. Are they going to associate me with the weed, even though it was his? How do they go about determining who the stuff belongs to?
10 ANSWERS
John J. Carney
They had information about him selling pot and got a search warrant. It is him that they will want, but everyone at home at the time could be charged under "constructive possession" and so could you are the owner/tenant. Do not let drug dealers in your home or you will get arrested along with them.
Answered on Mar 11th, 2013 at 8:17 PM
Geoffrey MacLaren Yaryan
Depends where they found it. If it was found in a room solely occupied by your cousin then you are okay, if not then you have a problem.
Answered on Jan 21st, 2013 at 2:29 PM
Michael J. Breczinski
Well first do not say anything to the police without a lawyer. Second fight the matter. If you did not know about it you are not guilty.
Answered on Jan 15th, 2013 at 10:26 PM
Criminal Defense Attorney serving Alhambra, CA
at
Francis John Cowhig
Update Your Profile
Your question requires an attorney consultation. It is not a simple question that can be answered on this type of forum. There are many factors that would need to be considered and evaluated. The short answer is, if they found it in your house, they can associate it with you. I strongly suggest that you contact an experienced criminal defense attorney for a face-to-face consultation and give him/her all of the facts surrounding your situation. He/she would then be in a better position to analyze your case and advise you of your options.
Answered on Jan 15th, 2013 at 10:25 PM
Yes, because they won't know it was his, and they will just assume it was yours or belongs to both of you. Hire an attorney before you make a wrong move, like open your mouth to investigators and further incriminate yourself. Don't for a moment think that they will believe your denials.
Answered on Jan 15th, 2013 at 10:17 PM
Drug Charges Attorney serving Houston, TX
at
Cynthia Henley
Update Your Profile
If it was in a room he uses exclusively, you will have little problem. If it was in a room he uses and was hidden, you will have little problem. If there are no prints on the scale, etc., from you, that will help you if you are charged. If it was out in the open, you have a problem. Take a drug test now if it will demonstrate that you do not use.
Answered on Jan 15th, 2013 at 10:16 PM
3 Awards
Potentially you can be charged but they still have to prove that it was yours of that the connect between it and you are strong enough to make you accountable for the item. You need an experienced criminal defense attorney to help you.
Answered on Jan 15th, 2013 at 10:15 PM
Criminal Law Defense Attorney serving St. George, UT
at
Edward D. Flint Attorney at Law
Update Your Profile
Given the opportunity to exceed the scope of a search warrant, most cops will, and then lie under oath about it later. If you knew nothing of his illegal possession, you should be in the clear, but if the cops harass you, call a lawyer.
Answered on Jan 15th, 2013 at 10:12 PM
I have more questions that answers. Did the police have a search warrant? Do the police have any reason to believe that you were involved in the crime? The prosecution would have to prove that you possessed the drugs and scale.
Answered on Jan 15th, 2013 at 10:12 PM
Appellate Attorney serving Grosse Pointe Farms, MI
at
Musilli Brennan Associates, PLLC
Update Your Profile
Get a good criminal attorney, they will have to prove it was yours or you had knowledge of it. Need many more facts to determine if you have a defense.
Answered on Jan 15th, 2013 at 10:10 PM