What happens if a person is charged with drug trafficking and gun charges that were found in a search? 13 Answers as of March 25, 2013

That person's name was not on the search warrant and does not reside at the location searched.

Ask a Local Attorney. 100% Anonymous. Free Answers.

Free Case Evaluation by a Local Lawyer: Click here
Michael Breczinski
Michael Breczinski | Michael Breczinski
This depends on why they can tie him into the drugs and guns.
Answer Applies to: Michigan
Replied: 3/25/2013
Attorney at Law | Ernest Krause
Something is missing in what you write. The person's attorney will know. If no attorney (yet) get a copy of of any police report, search warrant and the criminal complaint from the DA. All that will fill in the blanks.
Answer Applies to: California
Replied: 3/25/2013
Edward  D. Dowling IV Attorney at Law
Edward D. Dowling IV Attorney at Law | Edward D. Dowling IV
I would need further information to answer . You should hire an attorney and disclose all the facts and circumstances.
Answer Applies to: New York
Replied: 3/24/2013
Beaulier Law Office
Beaulier Law Office | Maury Beaulier
I am afraid that you provide insufficient information to formulate a reasonable answer. You must have the case reviewed by an experienced criminal defense attorney. Only after all of the evidence is reviewed can defenses be Formulated.
Answer Applies to: Minnesota
Replied: 3/21/2013
The Law Office of Harry E. Hudson, Jr.
The Law Office of Harry E. Hudson, Jr. | Harry E. Hudson, Jr.
Residence at a search location is not a necessary requirement for participation in a criminal act. That does not mean that a lack of residency is not or cannnot be a defense, depending on the facts. Person needs competent counsel.
Answer Applies to: California
Replied: 3/21/2013
    Law Office of Eric Sterkenburg
    Law Office of Eric Sterkenburg | Eric Sterkenburg
    He is most likely charged with a violation of CALIFORNIA HEALTH AND SAFETY CODE SECTION 11352 (a). This reads as follows, except as otherwise provided in this division, every person who transports, imports into this state, sells, furnishes, administers, or gives away, or offers to transport, import into this state, sell, furnish, administer, or give away, or attempts to import into this state or transport (1) any controlled substance specified in subdivision (b), (c), or (e), or paragraph (1) of subdivision (f) of Section 11054, specified in paragraph (14), (15), or (20) of subdivision (d) of Section 11054, or specified in subdivision (b) or (c) of Section 11055, or specified in subdivision (h) of Section 11056, or (2) any controlled substance classified in Schedule III, IV, or V which is a narcotic drug, unless upon the written prescription of a physician, dentist, podiatrist, or veterinarian licensed to practice in this state, shall be punished by imprisonment pursuant to subdivision (h) of Section 1170 of the Penal Code for three, four, or five years. If found guilty he could be sentenced to three years, four years, or five years. If the gun allegation is proven that sentence is doubled. If your son is not the person responsible for the drugs or the gun then he should either not be charged or get a not guilty verdict.
    Answer Applies to: California
    Replied: 3/21/2013
    Freeborn Law Offices, P.S.
    Freeborn Law Offices, P.S. | Steve Freeborn
    He has to respond to the charges.
    Answer Applies to: Washington
    Replied: 3/21/2013
    Expert Bronx Criminal Lawyers
    Expert Bronx Criminal Lawyers | Alexander Sanchez
    If the person was at the location at the time of the search and discovery of the items, then he can be charged with possessing the items. In New York, he is "presumed' to know of the presence of the items, even if he was not in actual physical possession. His lack of name on the search warrant will not block charges against him, but may be used by his defense counsel at trial to demonstrate his lack of knowledge, which would refute the rule of presumption.
    Answer Applies to: New York
    Replied: 3/21/2013
    Connell-Savela | Jason Savela
    Guns and drugs in Colorado state court starts with a mandatory prison sentence, either 4 or 8 years, based on the gun if person was a resident or overnight guest, then they have standing to challenge the warrant, if not, no one of the big questions will be how the police connect person to drugs and gun you need a lawyer do not talk with police, just say I want a lawyer, there is nothing you can say today that you cannot say tomorrow with a lawyer do not talk on jail phones, they are recorded and the conversation will be found.
    Answer Applies to: Colorado
    Replied: 3/21/2013
    Ferguson & Ferguson
    Ferguson & Ferguson | Randy W. Ferguson
    They should hire an attorney as soon as possible. If they can prove the drugs and guns were theirs, they can convict him. He does not have to be present when they are found.
    Answer Applies to: Alabama
    Replied: 3/21/2013
    William L. Welch, III Attorney | William L. Welch, III
    Regardless of whether the search warrant names the defendant, the issue is whether the prosecution can connect the gun and contraband to the defendant. An attorney can assist you with evaluating the prosecution's case, any defenses that you might have, and any plea offer that might be made, so that you can decide whether to plea bargain or go to trial. If you were to be found guilty, then an attorney can assist you with presenting mitigation, allocution, and a recommendation for a more lenient sentence. and a recommendation for a more lenient sentence. Consider seeking a confidential consultation with an experienced criminal defense attorney. Beware that online posts are not confidential. If somehow the prosecution were to find your post, then it might be used in evidence against you.
    Answer Applies to: Maryland
    Replied: 3/21/2013
    Furlong & Drewniak PLLC
    Furlong & Drewniak PLLC | Thaddeus Furlong, Esq.
    Police can charge anyone committing a crime that they find while executing a search warrant.
    Answer Applies to: Virginia
    Replied: 3/21/2013
    Law Office of Russell A. Warren
    Law Office of Russell A. Warren | Russell A. Warren
    Those charges are felonies and thus he would be charged with such. A search warrant does not need to list a person's name or refer to an individual - it can cover a place, home or abode.
    Answer Applies to: Missouri
    Replied: 3/21/2013
Click to View More Answers:
12 3 Free Legal QuestionsConnect with a local attorney