Can you be indicted on conspiracy drug charges including the person you are in relationship with even tho they do not sell drugs

Asked over 4 years ago - Columbia, SC

When the police come and raid your home and confiscate money from your home and go to the home of your girlfriend and raid her home and confiscate bikes and 4 wheelers is there a chance that they are about to be indicted? The police has not found any drugs but they have many complaints of the the person activity. Will the rest of that person property get seized like 3 houses and cars? The person does not have a job does sell marijuanna what do they need to do legally? Will the girlfriend be indicted as well because they both share that house?

Attorney answers (3)

  1. NiaLena Caravasos

    Contributor Level 11

    Answered . Both people may be indicted. Law enforcement is obviously continuing to look for evidence to corroborate the complaints that they have received. Other property may be seized if it is believed to either have been used during the commission of illegal activity or if it believed to have been acquired thru illegal funds.

    (Please note that this answer does not constitute legal advice nor does it establish an attorney-client relationship.)

  2. Joshua Sabert Lowther

    Pro

    Contributor Level 17

    Answered . The questions that you ask are more easily answered with more specific facts (which you should not post publicly, of course). Nonetheless, there is an excellent chance that someone will be indicted after federal law enforcement agents raid a home and seize money and property. Although no drugs were found, a conpiracy charge may be forthcoming if the Government believes that it can prove that the complaints to which you refer have merit. Whether those complaints have merit depend on many different factors, such as who made them and whether they can (or cannot) be substantiated or corroborated. The question regarding whether other real or personal properties will be seized depends on whether the Government can prove, by a preponderance of the evidence, that those properties were the proceeds of a drug offense, facilitated a drug offense, or were purchased or maintained with the proceeds of a drug offense. The question regarding who will be indicted depends on which person or persons that the Government believes that it can prove, beyond a reasonable doubt, knowingly possessed, possessed with the intent to distribute and/or distributed (in this case) marijuana, or conspired to do the same. (Conspiracy, basically, is an agreement between or among the accused and one or more persons to commit a federal drug offense.) Again, a very factually specific analysis. The best course of action that the person can take, legally, is to retain legal counsel immediately. Doing so now will provide the accused (or potentially accused) a tremendous advantage in dealing with the possible criminal matter and apparent actual property seizure/forfeiture action. It may also alleviate the person's being unexpectedly arrested by federal law enforecement agents after an inidctment is returned (if an indictment is returned) at a later time.
    -Joshua Sabert Lowther, Esq.
    jlowther@nationalfederaldefense.com
    www.nationalfederaldefense.com

  3. Richard H. Goolsby

    Pro

    Contributor Level 11

    Answered . As a former federal prosecutor, I can tell you that it is possible, in some cases, that some co-conspirators may be charged even though that person may have never actually dealt drugs, provided there is sufficient proof to show that they have otherwise furthered the object of the conspiracy in some way. For example, "mules" or off-loaders of drugs are often charged even though they did not actually deal drugs. I agree with the other attorneys who suggest that it is important that you contact your own attorney as soon as possible to discuss your own situation.

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