The police arrested me along with my 17 teen year old son.Becaue he had drugs,guns in his room.And I was head of the house . I didn’t know about it.

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The police arrested me along with my 17 teen year old son.Becaue he had drugs,guns in his room.And I was head of the house . I didn’t know about it.

What can I do about this case?

Asked on May 14, 2009 under Criminal Law, New Jersey


Martin Matlaga / Martin D. Matlaga, Esq., LLC

Answered 13 years ago | Contributor

First of all, the police had better have had some serious probable cause or a search warrant to enter your home and search your son's room because the whole idea behind the requirement of

a search warrant is the sanctity of the home. That said, the mention of a firearm invites the 

concept of an emergency search based on exigent circumstances. The question is fact-sensitive.

You said that you didn't know about the guns/drugs. Your mere presence in the home does not

make you "guilty" of possession of the guns/drugs. If one passenger in a group of twenty

passengers on a bus is smoking marijuana, this one passenger's violation of the law does not

make the other nineteen passengers "guilty" even though they're present and they know about

it. If I were you, I would FIGHT these charges to the nines! Also, I would advise you to hire

separate counsel for your son so any possibility of conflict can be avoided. Call me at (732)932-

7226 (office) or (732)710-0004 (cell).



B. B., Member, New Jersey Bar / FreeAdvice Contributing Attorney

Answered 14 years ago | Contributor

You need a criminal defense attorney, and your son will need one -- a different one -- too.  You can find qualified defense counsel at our website,  Another place you can try is the attorney referral service of your county bar association, which should be listed in your telephone book.

There are far too many different possible sets of facts, here, for me to give you any sort of idea for what is likely to happen.  A lot may depend on your credibility as a witness, and that is a difficult subject as well.

IMPORTANT NOTICE: The Answer(s) provided above are for general information only. The attorney providing the answer was not serving as the attorney for the person submitting the question or in any attorney-client relationship with such person. Laws may vary from state to state, and sometimes change. Tiny variations in the facts, or a fact not set forth in a question, often can change a legal outcome or an attorney's conclusion. Although has verified the attorney was admitted to practice law in at least one jurisdiction, he or she may not be authorized to practice law in the jurisdiction referred to in the question, nor is he or she necessarily experienced in the area of the law involved. Unlike the information in the Answer(s) above, upon which you should NOT rely, for personal advice you can rely upon we suggest you retain an attorney to represent you.

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