Wondering whether your home can be searched if your child is found with the possession of drugs? The answer is NO! Without the police have your consent, a valid warrant, or exigent circumstances they will not be able to enter your household. It is important to protect your rights, and get all of the information before you turn your house over to investigation. A criminal defense attorney will explain clearly what your rights are, and should be called with any and all questions relating to your children and the possession of drugs.
If the police have searched your home or property, you need to speak with a criminal defense attorney who will help you to understand what your rights and review potential charges. Remember, just because a child was found possessing drugs it does not needlessly give the police permission to search your home.
If you were not present when the search took place and someone who did not have authority allowed the officers to enter your home, there is a good chance that you may have a civil rights claim. There may also be grounds to suppress evidence that was obtained during the illegal search. The only way you can be sure is to talk to a criminal defense attorney who focuses specifically on this type of law and has an extensive knowledge of the subject and can fight for your rights.
Intent to Sell:
If your child is charged with possession to sell this is a serious liability. There is a legal limit set that determines the amount of drugs that will be considered a “possession for sale”. If the amount someone is caught with crosses this threshold set by the state there is a great chance that they will be charged for intent to sell. However, even if a smaller amount is found there are a few circumstances that may still cause a person to be charged with possession for sale.
For example if a smaller amount is located and the person openly admits to their intention to sell, or if there is a lot of indicia of sale then the person may still face the higher charge. The MVD will not generally suspend your license for a simple possession charge, however they do have a broad discretion of over your drivers’ license, so each case is different. If you are persuaded of possession for sale you will pay either a mandatory fine or 3 times the value of the drugs that were sorted, whichher is greater. To avoid excessive charges, fines, and complications, your best source of help is a trusted criminal defense attorney.