San Francisco, CA asked in Criminal Law, Family Law and Child Custody for California

Q: I need help about a raid on my house

If someone staying at my home got our house raided and only their name was on the warrant can they charge me for drugs found in my room even if I had no knowledge of them being there? And can the police make me perjure myself into lying that I know who the drugs belong to so I don't go to jail or lose my kids? I really have no idea where the drugs came from or who they belong to . The social worker is saying I will go to jail and lose custody if I don't say who's the drugs are . All I know is they aren't mine or my kids nothing else . Anything else would be a lie . Would that still be legal to make me lie ? And can I really go to jail for them if I can't say where or who they came from?

1 Lawyer Answer
James L. Arrasmith
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  • Criminal Law Lawyer
  • Sacramento, CA
  • Licensed in California

A: In California, if a search warrant leads to the discovery of illegal substances in your home, the situation can become complicated, especially if the substances were found in a space attributed to you. Even if the warrant was for someone else, law enforcement may try to charge occupants of the house if they believe there is evidence linking them to the discovered substances. It's crucial to understand that being charged and being found guilty are two separate matters. The prosecution must prove beyond a reasonable doubt that you had knowledge of and control over the drugs.

You should never be coerced into making false statements or accusations, especially under pressure from authorities or a social worker. It's illegal for anyone to force you to perjure yourself—that is, to lie under oath. If you're being threatened with jail or the loss of custody unless you provide information that isn't true, this could be considered a violation of your rights. It's important to communicate clearly and truthfully about your knowledge of the situation, and if you're unsure about anything, stating that uncertainty is better than offering false information.

If faced with such a situation, seeking legal advice is essential. A lawyer can provide guidance on your rights and the best course of action. They can also represent you in any legal proceedings, ensuring your side of the story is heard and your rights are protected. Remember, you have the right to remain silent and the right to an attorney; utilizing these rights can be crucial in navigating legal challenges, especially when facing accusations of this nature.

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