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
- Do I need a lawyer for my criminal case? Can a criminal attorney do anything for me?
If you have been arrested, I offer a free office consultation. There are many things an arrested person needs to know before they go to court including that you may have a defense to the crime you did not even know about! Unfortunately, I get many calls months AFTER the individual pled out and now it’s too late to help them. Today, someone called asking me how much I charge to expunge a record. However, that person went to court with a Public Defender who did not handle the case correctly and the person was Adjudicated Guilty. The Public Defender […]
- Right to be Free From Unreasonable Seizures Is Protected by U.S. Supreme Court
The story behind the lawsuit that eventually went before the U.S. Supreme Court began when police pulled a driver over for apparently driving erratically. When asked about his driving, the man said he had hit a pothole, and it jerked the vehicle over, so he had been righting the trajectory of the car. The officer asked the driver for his documentation — driver’s license, insurance, registration — and then asked the driver to come back to the cruiser with him. The driver declined. The officer questioned the passenger, called for backup, finished issuing tickets and asked the driver if he […]
- Bradenton couple found guilty by jury of having "sex on the beach". How serious is this crime? VERY!!
Today, a Bradenton couple was found guilty of having sex on a Florida beach. This is a VERY serious crime in Florida because each person was charged with committing a lewd and lascivious act which subjects them both to 15 years in Florida State Prison AND being classified as sexual offenders requiring they register as such and restricts where they can live in the future. The couple was seen by numerous tourists who also claimed a 3 year old child witnessed the man and woman having sex. Despite cries by witnesses to stop the couple did not listen. Obviously, in […]