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Marsha411JD, Lawyer
Category: Criminal Law
Satisfied Customers: 20019
Experience:  Licensed attorney with 29 yrs. exp. in criminal law
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if police have a search warrant for a house, and when they

Customer Question

if police have a search warrant for a house, and when they came to raid the house and they found marijuana (5 pds, and traces of herion), but the person who owns the house, who is also the person who the cops were looking for was not in the house, but someone else was in the house at the time. Now the person that they found in the house at the time is being charged with the drugs, my question is when his case is over can the person who owns the house be charged with the drugs.
Submitted: 3 years ago.
Category: Criminal Law
Expert:  Marsha411JD replied 3 years ago.

Thank you for the information and your question. Yes, any person who lives in the house could actually be charged with possession. Depending on the facts, one or more of the people in the house might also be charged with possession with intent to sell, and conspiracy. There is no need for the State to wait to charge all parties. In other words, they don't have to wait until one case is finished to charged the other person.

Of course, this is all dependent on what other evidence they have as to who was buying and selling this marijuana.

Please feel free to ask any related follow up questions that you might have. I would be glad to assist you further if I can.
Customer: replied 3 years ago.

ok thank you, now the police has a video of the guy who was in the house at the time, selling an ounce of marijuana to someone then a couple of hours later they raid the house and when they came in the house they told the guy who was in there that he was not the guy they were looking for but thy did arrest him. Now the person who owns the house they can not find they do not have a arrest warrant for him but they have been looking for him. now in your opinion wat will u thank will happen to both parties

Expert:  Marsha411JD replied 3 years ago.
Hello again and thank you for your reply. It is hard to say what will happen since I don't have access to the evidence that the police have. Nor do I know the complete facts as they relate to these two people. The first party will likely be charged with possession, possession with the intent to sell, and selling, which depending on their past criminal history, might put them in felony range and certain jail time. The other person, I have no idea. If the police just think he may be a witness, but not a suspect, they might just want to question him. But it is hard to think that if he lived in the house, that they would not possibly charge him with something like I mentioned in my initial response.

If I were the second party, I wouldn't make any statements to the police unless and until you have sat down with a local criminal defense attorney.
Expert:  Marsha411JD replied 3 years ago.
Hello again,

I wanted to touch base with you and make sure that you did not have any further follow up questions for me. The Site has been a little buggy lately so the Experts are not always getting replies or ratings (which is how we get credit for our work) that the customer thinks have gone through. In your case I did not receive a rating of my effort to assist you and thus this email. If you have more questions, I am willing to answer them. However, if I covered the issue, then if you can take a minute and leave a positive rating, then the Site will pay me out of the deposit that you left. If you are having technical difficulties with reading, replying or rating, please let me know so that I can inform the Site administrator.

In any event, it was a pleasure assisting you and I would be glad to attempt to assist you further on this issue, or a new legal issue, if needed. You can bookmark my page at:

Thank you.