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A police officer told me that they will charge me with maintaining a dwelling and conspiracy to traffic drugs if I host another

Raleigh, NC |

fraternity party and don't kick out people who use and sell drugs. I am personally not supplying any drugs. It is a bring your own beer party but people bring in other stuff sometimes. I do not touch it or condone it. Is the police officer bluffing cause he doesn't like house parties?

Attorney Answers 4

  1. No, it sounds like he is giving you a fair warning. If you host a party and know these activities are occurring, you can be charged with maintaining a dwelling and potentially conspiracy. Not actually doing it is not a defense if you know it is occurring. It is best to not allow any of these activities occur at your parties.

  2. Do you really want to risk it? Don't be stupid.

    My name is Stephen R. Cohen and have practiced since 1974. I practice in Los Angeles and Orange County, CA. These answers do not create an attorney client relationship. My answers may offend I believe in telling the truth, I use common sense as well as the law. Other state's laws may differ.. There are a lot of really good attorneys on this site, I will do limited appearances which are preparation of court documents it is , less expensive. However generally I believe an attorney is better than none, but many will offer a free consultation and a face to face meeting generally will be better, I like my clients to write a short one page history of the fact and questions they have prior to meeting with them, so nothing is forgotten.

  3. He is not bluffing and may already have enough to charge. It sounds like the officer believes you are knowingly creating an environment in which drug activity can take place. In the eyes of law enforcement, if you really did not condone certain activity, you would not turn a blind eye to it or create an environment in which the activity could flourish.

    Conspiracy to traffic charges are sentenced the same as trafficking charges and are very serious. Even with a spotless record you would be facing mandatory jail time and possibly Federal prosecution. Consider contacting an attorney even though charges have not been filed.

    These comments, based on limited information, are not intended as legal advice, and are not to be construed as creating an attorney-client relationship. For legal advice consult with an attorney to get a thorough review of the charges.

  4. No, he is not bluffing.

    Yes, you could be charged: conspiracy, intent, could be any number of charges. Consider that the officer gave you a friendly warning, as so warned, it's on you to stay off law enforcement's radar.

    NOT LEGAL ADVICE. FOR EDUCATION AND INFORMATION ONLY. DO NOT RELY ON ANY ADVICE YOU RECEIVE FROM ME OR ANY OTHER ATTORNEY IN THIS FORUM. Legal advice comes after a complete review of the facts and relevant documents and an expressed (written) agreement of representation that forms attorney-client confidentiality. Neither of these two events can occur in this forum. Mr. Rafter is licensed to practice in the Commonwealth of Virginia and the US Federal Courts in Virginia. His answers to any Avvo question are rooted in general legal principles--NOT your specific state laws. There is no implied or actual attorney-client relationship arising from this education exchange. You should speak with an attorney licensed in your state, to whom you have provided all the facts before you take steps that may impact your legal rights. Mr. Rafter is under no obligation to answer subsequent emails or phone calls related to this or any other matter.

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