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 12 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 12 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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