If our son lives in the lower level of our home, what is our potential liability if he should be arrested for drugs?

Get Legal Help Today

Compare Quotes From Top Companies and Save

secured lock Secured with SHA-256 Encryption

If our son lives in the lower level of our home, what is our potential liability if he should be arrested for drugs?

His area is separated by a locked door; he does not have to access our area for anything as his space is a complete living quarters. My friend told me that if he is arrested for possession of drugs, we can be arrested also. Is this true, even if we have no knowledge of him having the drugs? Also, what would the answer to this question be if we had a renter downstairs who was not related to us?

Asked on March 18, 2014 under Criminal Law, North Carolina

Answers:

SJZ, Member, New York Bar / FreeAdvice Contributing Attorney

Answered 10 years ago | Contributor

You can only be arrested if there is reasonable evidence to think that you participated in or assisted his criminal activities in some way; you could only be convicted after that if the evidence was strong enough to show beyond a reasonable doubt that you were involved in the crime. However, you *could* potentially lose your home if your son deals or possesses drugs from or in it: the law sometimes allows the government to confiscate property used in a crime even if the proerty's owners are not themselves participating in the criminal activity, so long as they allowed the criminal usage in some way.

The answers are similar for an unrelated renter, except that you would enjoy greater protection since it would be more difficult for the government to make out the necessary evidentiary showings when an unrelated 3rd-party renter is involved.


IMPORTANT NOTICE: The Answer(s) provided above are for general information only. The attorney providing the answer was not serving as the attorney for the person submitting the question or in any attorney-client relationship with such person. Laws may vary from state to state, and sometimes change. Tiny variations in the facts, or a fact not set forth in a question, often can change a legal outcome or an attorney's conclusion. Although AttorneyPages.com has verified the attorney was admitted to practice law in at least one jurisdiction, he or she may not be authorized to practice law in the jurisdiction referred to in the question, nor is he or she necessarily experienced in the area of the law involved. Unlike the information in the Answer(s) above, upon which you should NOT rely, for personal advice you can rely upon we suggest you retain an attorney to represent you.

Get Legal Help Today

Find the right lawyer for your legal issue.

secured lock Secured with SHA-256 Encryption