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Zoey_ JD
Zoey_ JD, JustAnswer Criminal Law Mentor
Category: Criminal Law
Satisfied Customers: 27757
Experience:  Admitted to NYS Criminal defense bar in 1989. Extensive arraignment, hearing, trial experience.
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Im curious 2 questions if a warrant /complaint states on

Customer Question

Im curious 2 questions if a warrant /complaint states on or about blah blah blah defendent conspire with blah to knowingly operate maintain or operate a premises place or facility, specifically hamapshire rd does prosecution have to prove "knowingly" to convict defendant who was charged with 1) 2C:5-2A (1) 2C:35-4 2) If a specific loaction is mentioned and defendent did not own or operate the home, yet a storage unit in his name (different location) police found drugs... and video that defendent may have owned but didnt know dealer placed drugs there ie video from unit shows this x

Submitted: 2 years ago.
Category: Criminal Law
Expert:  Zoey_ JD replied 2 years ago.

My name is ***** ***** I am an experienced criminal lawyer.

He doesn't have to knowingly operate or maintain a home. He just has to conspire with those who do in order to be charged with the same offense. But yes, if a defendant is charged with a crime of intent, the prosecutor must prove that intent. So the prosecutor must prove that those who operted and maintained, etc., did so knowingly.

As to the second question, he doesn't have to own or operate the home to be part of a criminal enterprise and get charged with conspiracy.. And what he knew will be a question of fact for the jury to determine if the case goes to trial.
Customer: replied 2 years ago.

does it matter that the warrant/complaint stated a specific place yet thats not where drugs where found ?

Expert:  Zoey_ JD replied 2 years ago.
If the prosecutor is charging you with maintaining a drug facility and the prosecutor can't prove that the specific location is actually a drug facility, yes, it would matter. It's not where the drugs were found but whether the drugs can be linked to the so called manufacturing center.
Customer: replied 2 years ago.

Thats the thing my arresyt warrant states "knowingly maintained ......, specifically hampshire hill (a house address) used for manufactoring ...

So warrant specifies a location... Yet thats not where the location thats in my name - Mine is 3 towns away

Expert:  Zoey_ JD replied 2 years ago.
But you've been charged with conspiracy. The premises don't have to be in your name.

If you're sayiing that the state didn't have the authority to search where they found the drugs because the warrant mentioned a different place, that's a different issue having to do with the legality of the search. It doesn't have to do with the charge, however, which doesn't require you to own the premises.