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
- What Does the Crime of Involuntary Manslaughter Involve?
Involuntary manslaughter can defined in several different ways, depending on the circumstances of a case. While involuntary manslaughter may, of course, be involuntary, it may also include a deliberate act. In some situations resulting in a death, the death was an accident or a caused by a careless individual. However, even in circumstances where a deliberate act caused a death, the charge of involuntary manslaughter may still apply. Involuntary manslaughter may be the end result of a failure to carry out a legal duty specifically required to protect a human life or from the commission of an illegal act that […]
- Marijuana Possession, Use and Sale Remain Federally Illegal, Though Enforcement Is Spotty
Each state has its own marijuana laws. If you are arrested, you need to know which laws are applicable to your case. In 2012, Washington and Colorado became the first two states to legalize, regulate and tax recreational possession of cannabis. The laws in those states permit a person 21 years of age to buy up to one ounce of the drug at authorized storefronts. These existing laws are close cousins to laws regulating the use of alcohol and nicotine: smokers may not smoke in public, employees may not work under the influence and states may have blood test limits […]
- Tampa firefighter suspended after alleged 3rd DUI arrest this past weekend. Potential penalties include jail, 10 year driver’s license suspension, and a felony conviction.
Over the weekend, a Tampa Fire Rescue firefighter was arrested for DUI in Holiday, Pasco County. This was allegedly his 3rd DUI arrest with priors in 2001 and 2012. If that is true, if convicted of DUI, there would be a 10 year driver’s license suspension as part of his sentence. Three (3) DUI convictions within 10 years results in a mandatory 10 year suspension. He will likely face jail time if convicted or part of a plea. THE ARRESTED FIREMAN REFUSED TO PROVIDE A BREATH SAMPLE!!! Why do I stress the fact that he refused the breath test? Because […]