If Someone Lives In A Home With Drugs And Weapons, They May Not Belong To Them
Lakeland, FL (Law Firm Newswire) September 12 , 2013 – What began as a burglary call, ended as a weapons and drug bust.
This was an unusual case that started out as a call to the police station for a possible burglary. Deputies were dispatched to a home in Sarasota County, arriving at approximately 3 a.m. On conducting a walk about the premises, they noted a side window was broken. On closer inspection of the window, deputies noted there were weapons and drugs lying about the home.
They promptly left to obtain a search warrant for the residence, returning a bit later to conduct a formal search of the house. When the police arrived with the warrant, the person living there did indicate to officers that they would find marijuana, cash, a rifle, a handgun and assorted drug accoutrements. “He was arrested and charged with possession of narcotic paraphernalia and possession of marijuana with the intent to sell,” Thomas Grajek, a Lakeland criminal defense attorney explained.
When the search was concluded, deputies left with five pounds of cannabis, over $24,000 in cash, an ARMS AR-15 rifle and a Kel-Tec 9 mm handgun, along with a variety of drug gear. Was the resident of the home a drug dealer? Based on the evidence, it could be assumed that he was. However, assuming that the 20-year-old man was a drug dealer may have been presumptuous, as he may only have been a visitor in the home, and not the homeowner or the individual who owned the firearms, drug equipment and the cash.
The man may have been in the house, but that does not mean he was responsible for the contents of the house. Just because he could tell police what was in the home does not mean he was admitting it was his. Furthermore, he could well have been telling law enforcement what he knew to be there, because someone else told him that and it was in plain sight for him to see. Drug cases like this are full of potential holes and anyone charged under circumstances such as this needs to speak to an experienced defense attorney.
There are a number of questions that need to be answered in cases like this. For instance, were the drugs actually found on the young man? Or were they found nearby, in a car or a house he was in. In this case, the man was in the house. However, were the drugs on him? Situations like this are referred to as constructive possession, and he may have a legal defense to any drug charges.
“If you are facing drug charges, or have been arrested and charged with a drug offence, call a Lakeland criminal defense attorney right away. In the meantime, say nothing to anyone but your attorney,” said Grajek.
Thomas C. Grajek
206 Easton Drive, Suite 102
Lakeland, FL 33803
View Larger Map
- Medical marijuana amendment fails in Florida, pot still illegal to possess. What defenses do you have to a possession of cannabis case?
Florida’s medical marijuana amendment did not pass yesterday in the election. Even though a majority of the voters voted in favor of passing the medical marijuana amendment, receiving 58% of the vote, it fell 2% shy needed to pass. In 2006, Florida voters decided all constitutional amendments needed a “super majority” to pass (60% instead of 50%). Ironically, that amendment that now requires a super majority, only passed with 57.8% of the vote. Whether or not the issue is placed back on the ballot is unknown at this time. John Morgan of Morgan & Morgan who spearheaded the campaign had previously […]
- How do I get my mugshot off the internet? Feds may help, but for now you must seal or expunge your arrest record.
As a criminal record sealing and expunging lawyer, many people call me because they need to get their mugshot off the internet because they can not find a job or obtain housing because of their criminal background. For now, you must seal or expunge your record to get your mugshot off the sheriff’s webpage. You also must be eligible. I often have people call and say “the sheriff or judge told me the arrest would be off my record because the charge was dropped.” This is INCORRECT! You must take the additional step and seal or expunge your record. You […]
- Woman arrested for DUI while wearing a "Hello Kitty" costume. Drink responsibly and be safe this Halloween!
Halloween is almost here and that means candy, costumes, and parties. Remember to be safe and responsible. There are a lot of children out on the streets Trick-or-Treating and drinking and driving at this time of year can be dangerous. Already, on Sunday a woman in Maine was arrested while dressed as “Hello Kitty”. She was stopped for allegedly driving in the wrong lane. It was not clear whether the driver was wearing the Hello Kitty head pictured below found in the car: The driver refused the breath test. In Florida, the police are not allowed to request a […]