Can I get charged with a crime if I was subleasing an apartment to a friend and the police found drugs and a gun while doing a search of the apartment?

I don’t live in the state anymore, but the lease was in my name. All I know is that he got shot (don’t know if it was at the apartment or not) and the police went there and found a gun and drugs.

Asked on July 24, 2012 under Criminal Law, Georgia

Answers:

Kevin Bessant / Law Office of Kevin Bessant & Associates

Answered 8 years ago | Contributor

Assuming the search was a vaild search, meaning that the officers either had a warrant, consent to enter, or exigent circumstances to perform the search, then illegal items and contraband found in the apartment will usually be held against the owner or the current occupying tenant. More than likely the current occupying tenant will be charged, not the person actually leasing the unit to current tenant.


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