Legal Question in Criminal Law in California
Drugs in the house?
Son has a felony followed by a DUI. Just completed DUI class, getting back on feet, when he ran into Cousin who just got out of prison on parole. Brought him home my house (I was away working).
Things were ok for a few wks, then signs of drug use, confirmed by mutual friend. We want to get Cousin out of house, and rescue Son. How? Daughter and I fear Son may have become involved with Cousin's drugs, but can be rescued. But we want to keep him from being arrested. Also what will happen if we contact parole officer? House raid? Are we at risk of arrest too? Help!
1 Answer from Attorneys
Re: Drugs in the house?
I'm afraid that what are you asking for is legal advice for which you would need to retain an attorney to give that to you.
I can give you some general information here, but not advice.
When someone is on parole and they violate a condition of parole they are subject to being returned to prison for up to one year. If some violates their probation they can be sentenced, under certain circumstances, up to the maximum time allowable for that offense. Since your son only has a DUI, assuming it's a misdemeanor, the maximum sentence for a probation violation is one year less the time he has done already.
If your son's probation or the cousin's parole have search conditions that include searching the place they're living then a parole, probation, or police officer can search the house, but only the areas that are under their control.
If there are drugs in house in an area that you have access and control over, then there is a potential that you could be arrested for possession of those drugs. There are two kinds of possession, actual and contructive. Constructive possession comes by having dominion and control over an area wher drugs are found.
I hope this answers your general questions about this matter.
Good luck,
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