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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?

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Attorney answers 4

Posted

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.

Asker

Posted

What if I suspect that it may occur but I do not know for fact that it will? I cannot control what people do that easily.

Kenneth Love Jr.

Kenneth Love Jr.

Posted

That's a defense after you are charged...it doesn't stop you from being charged and/or arrested. And since you have already been warned by the police that means they know it is occurring. If you are charged, the prosecution will try to build evidence that you knew and they can rely on presumptions. And remember what you just said...you can't control others that easily. In your home/residence, you do have control. After the party, the next week on campus, you have no control over what some of your invitees may inadvertently admit to police or informants. You are playing with fire to have the party and not proactively prevent drug sales.

Asker

Posted

Arent a lot of parties, hotels, and bars / clubs like that? What is gonna be presumed?

Kenneth Love Jr.

Kenneth Love Jr.

Posted

At this point, you have received similar advice from several attorneys, you won't get a different answer through the follow up comments. Your knowledge of the drug sales, which you have essentially admitted to on here will be presumed. You are not doing the selling, which is why the officer didn't threaten you with a trafficking charge. This is exactly like clubs and parties...which screen their invitees and will kick out people who are breaking the law or cause a ruckus. It is not like a hotel in that the hotel does not get to periodically search individual rooms. At the end of the day if you have a party, you have to know what is going on. If a person honestly doesn't know something is happening, they have a defense...again you know what is occurring. Finally, since you most likely didn't invite the officer to the party, this means that either an informant or snitch was in the party. And the drug sales were so prevalent or so much out in the open that the officer had enough to come speak to you.

Posted

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.

Posted

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.

Posted

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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