The police arrested me along with my 17 teen year old son.Becaue he had drugs,guns in his room.And I was head of the house . I didn’t know about it.
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The police arrested me along with my 17 teen year old son.Becaue he had drugs,guns in his room.And I was head of the house . I didn’t know about it.
What can I do about this case?
Asked on May 14, 2009 under Criminal Law, New Jersey
Answers:
Martin Matlaga / Martin D. Matlaga, Esq., LLC
Answered 15 years ago | Contributor
First of all, the police had better have had some serious probable cause or a search warrant to enter your home and search your son's room because the whole idea behind the requirement of
a search warrant is the sanctity of the home. That said, the mention of a firearm invites the
concept of an emergency search based on exigent circumstances. The question is fact-sensitive.
You said that you didn't know about the guns/drugs. Your mere presence in the home does not
make you "guilty" of possession of the guns/drugs. If one passenger in a group of twenty
passengers on a bus is smoking marijuana, this one passenger's violation of the law does not
make the other nineteen passengers "guilty" even though they're present and they know about
it. If I were you, I would FIGHT these charges to the nines! Also, I would advise you to hire
separate counsel for your son so any possibility of conflict can be avoided. Call me at (732)932-
7226 (office) or (732)710-0004 (cell).
B. B., Member, New Jersey Bar / FreeAdvice Contributing Attorney
Answered 15 years ago | Contributor
You need a criminal defense attorney, and your son will need one -- a different one -- too. You can find qualified defense counsel at our website, http://attorneypages.com Another place you can try is the attorney referral service of your county bar association, which should be listed in your telephone book.
There are far too many different possible sets of facts, here, for me to give you any sort of idea for what is likely to happen. A lot may depend on your credibility as a witness, and that is a difficult subject as well.
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