I am a local defense attorney here in Raleigh and I would be happy to speak with you about the case. If the person charged is on probation or parole, it is a very serious situation and his probation/parole could be revoked before he even resolves these new drug charges.
If police find drugs in one house but charge someone else with possessing them, the state will have to prove beyond a reasonable doubt that the person charged either lived at the house or owned or had access to the drugs. He can still legally possess the drugs even if he does not live at the house. Even if he did not legally possess the drugs, the state could still try to prove him guilty by showing that he conspired with the homeowner to possess or manufacture the drugs. These types of things can be difficult for the state to prove, and it really depends on what type of evidence the police have linking the person to the drugs, and what statements other people may have made against them.
The person who is charged should contact a local attorney immediately for assistance in this case. He may also need representation with his probation revocation, which will probably happen soon. If you would like to speak with me more about the case, please see my profile for my contact information.
You would really need to post more facts for a better answer. But there is a doctrine called constructive possession - the drugs in one guy's house may have been related - in some way to the "guy" charged with the crime. But just because police find drugs in one house, does not mean that they only must charge the home owner with possession or related charges. However, police must be able to link the defendant to the drugs. This link will have to be proven at trial. I suggest consulting with a local defense attorney.
This is not legal advice nor does it create an attorney-client relationship. This is for education and... more
This is not legal advice nor does it create an attorney-client relationship. This is for education and informational purposes only. It is always recommended that you contact an attorney with any concerns as each individual case is unique.
This legal situation sounds a bit complexed. Probation and or Parole present some very important considerations with handling the type of criminal charges you reference. The facts of the case including the police search and the accused's record level (prior criminal history) and incarceration exposure will influence the legal advice that an attorney would give you.
Call an attorney as soon as possible. Our offices are in both Durham and Raleigh so feel free to give us a ring.