If My Roommate Has Drugs Can I Get in Trouble

Tin I Get in Trouble if My Roommate Sells Drugs, Does Drugs or Keeps Drugs in the Business firm for Personal Use?

Posted in Criminal Defence,Drug FAQ'Due south on Dec 23, 2016

Living with roommates tin can exist a source of drama, even if there aren't whatsoever serious legal issues involved. From arguments regarding overnight guests to differing standards regarding flat cleanliness, navigating shared living infinite with another person tin can exist a claiming.

These disputes go from trivial to much more serious, even so, if your roommate gets involved in illegal activity such selling drugs or using illegal drugs and/or keeping them in your business firm or apartment. If you find yourself in this sort of state of affairs, it's important to sympathize how your roommate's illegal beliefs tin impact you lot.

Tin can you face legal problems as a result of your roommate's illegal drug utilize? Although all situations are unique due to any number of underlying factors, the short respond is yeah. It's quite possible that your roommate'southward illegal behavior can cause legal problems for you, fifty-fifty if you've done nothing incorrect.

To brainstorm with, having your roommate involved in illegal activity such as drug employ automatically increases the chances of the law searching your domicile or apartment. If the police show up with a search warrant, it likely won't exist express to just your roommate's bedroom or belongings. They will probably search the entire premises, including your room and belongings. If constabulary discover drugs, especially if they're found in a common area – or worse, amongst your property – they could arrest you.

Y'all may have to go to court to prove the drugs the police found didn't vest to you lot. In this state of affairs, police force can arrest a person nether the legal concept of constructive possession, and information technology essentially means that you in some way had control over the shared living space, and so you share responsibility for the illegal contraband the police found at that place.

It's also possible that if you lot helped your roommate in his or her illegal drug use in whatever way – hiding drugs, for example, or accompanying your roommate on a pick up or commitment (fifty-fifty if y'all just collection and waited in the car) – yous could detect yourself facing charges of criminal conspiracy for your interest in illegal activities. So, yeah, your roommate's illegal drug utilize can cause a host of legal problems for you.

Potential penalties

The penalties associated with existence charged for your roommate's illegal drug action tin can be severe. Nether California law, a person charged with possession of a controlled substance (not marijuana) can face severe that vary depending on the blazon and amount of drugs a person is charged with possessing. Under Proposition 47, a person who is found to exist in possession of any drug on the Schedule is charged with a misdemeanor crime and faces up to i twelvemonth in prison house. Withal, non everyone in California is eligible for charges under Prop 47. Those who are registered sex offenders and those with serious violent criminal offence convictions tin can be charged with a misdemeanor or a felony if they are institute to be in possession of a Scheduled narcotic.

If y'all are not familiar with the Schedule of drugs used by California, they are as follows:

• Schedule I drugs (opiates, cocaine, mescaline)
• Schedule II drugs (raw opium, morphine, and other narcotics)
• Schedule 3 drugs (pentobarbital and anabolic steroids)
• Schedule IV drugs (many prescription drugs such as diazepam and zolpidem)
• Schedule V drugs (bottom-controlled prescription drugs, such as low doses of codeine)

A accuse of possession with intent to distribute will event in more serious consequences. While possessing drugs for personal use could upshot in a misdemeanor accuse, if a person is charged with a certain corporeality, they could face a felony drug accuse.

Misdemeanor and felony charges are not the only consequences of a drug charge that y'all demand to worry about. A person convicted of a drug charge will all the same have a criminal record related to the possession of a controlled substance that could hurt a person's job chances, affect where their ability to rent an apartment, hurt their child custody case, and hurt their immigration case.

What about marijuana?

Most people know that recreational marijuana has been legalized in California, but that does not hateful at that place are no charges associated with possessing the drug. Anyone over 21 years of historic period can possess up to ane ounce of dried marijuana or eight grams of concentrated cannabis. They may too grow upward to six plants for personal use. Still, anyone who exceeds these amounts tin can be charged with a misdemeanor and face a penalisation of up to six months in jail and a fine of up to $500.

It may be tempting to write off a roommate'southward marijuana use, simply be wary of how much they have and whether or not they are dealing. If they have more than the legal amount or are distributing the drug, you could even so confront charges.

How to Avoid Roommate-Related Legal Issues

If your roommate is illegally using or dealing drugs, information technology may seem tempting and very easy to simply ignore it, especially if the event isn't affecting your daily life. But fifty-fifty if you're not involved, the fact that y'all're fifty-fifty aware of the illegal drug activity ways it's quite likely that, sooner or later, your roommate volition get defenseless and you could discover yourself in legal trouble. Ignoring the problem, easy as it may seem to do, really isn't in your best interests.

Of grade, protecting yourself legally shouldn't be your only business organisation – or even your first one. Illegal drugs and violence tend to become hand-in-hand. Just considering you haven't witnessed whatsoever violence related to your roommate'south illegal drug use doesn't mean that it's not a singled-out possibility. If the legal risks don't inspire you to take activity, the chances of physical danger certainly should.

To protect yourself from a drug-dealing or drug-using roommate, exist proactive. Y'all can notify your landlord – who also probable faces legal risks from your roommate's behavior – or the police. The Department of Justice has resource for people who want to written report illegal drug activity.

Of course, if you're hesitant to written report your roommate or you feel that's non a safe pick, you can move. Moving may be a challenge, especially if yous're on a long-term lease or don't want to surrender a keen bargain on hire. However, it'southward important to weigh the pros and cons in a situation like this. Practice you lot want the hassle of moving – or the infinitely more damaging hassle of existence arrested?

Contact Attorney Graham Donath

If you or someone you know is facing criminal charges due to a roommate selling or using drugs, seek legal assistance as soon as possible. At the Law Offices of Graham D. Donath, APC, our knowledgeable and experienced Riverside Drug possessionAttorney, Graham D. Donath is ready to become to work on your behalf. Donath has all-encompassing experience dealing with criminal defence force matters such as this and is ready to get to work. You tin count on our firm to thoroughly investigate the facts of your case and conduct an independent investigation into the incident. When you lot need a criminal defense attorney, you can contact us for a consultation of your case past clicking hither or calling (951) 667-5293.

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Source: https://www.gddlaw.com/2016/12/23/can-get-trouble-roommate-sells-drugs-drugs-keeps-drugs-house-personal-use/

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