Controlled Substances and Dwellings
In recent news, a Florida woman was arrested for running a “heroin party house,” according to Miami Herald, and charging a cover fee to get in. Police responded to reports of multiple overdoses at the home, which resulted in the arrest of the defendant. Authorities had been called to the home 33 times during a recent investigation into the dwelling that began in 2016, though none of those instances had been in relation to drug overdoses. The defendant was arrested on nuisance dwelling charges, though more charges are likely pending. Narcotics abusers at the home had been using heroin cut with methamphetamine or fentanyl for a period of seven months since the investigation began, resulting in overdoses. One of the invitees claimed that as he was suffering from an overdose, he was dragged from the house and dumped in the front yard. Heroin, methamphetamine, and fentanyl are some of the most powerfully addictive substances on earth. If you have been charged with possession or unlawful use or distribution, you need to talk to an attorney and seek medical assistance at once.
Possible Third Degree Felony for Owning or Renting a Place Used for Drug Trafficking
As per Florida statute 893.1351, is it illegal to own, rent, or lease a place, structure, or trailer with knowledge it is being used or will be used for trafficking, manufacture, sale, or distribution of a controlled substance. A violation of this law will result in a third degree felony, which is punishable by up to five years in prison and a $5,000 fine. If a person is in actual or constructive possession of such a place that is used for the previously mentioned drug uses, the penalty is upgraded to a second degree felony, punishable by up to 15 years in prison and a fine of $10,000.
According to Florida statute 823.10, any place that is used for the unlawful use of a controlled substance, either illegal keeping, selling, or delivering, is termed a public nuisance. Willfully maintaining, or owning such a public nuisance is a class three felony in Florida. Furthermore, a “place” is defined as “a store, shop, warehouse, dwelling house, building, structure, vehicle, ship, boat, vessel, or aircraft, or any place whatever.”
Do Not Hesitate to Call the West Palm Beach Law Offices of the Skier Law Firm Immediately
Whether you have been charged with drug possession or intent to sell, a nuisance dwelling, or owning or renting a place that is used for the manufacturing, use, or distribution of controlled substances, you need to speak with an attorney at once. We strongly encourage you to pick up the phone today and call the West Palm Beach drug crime criminal defense attorneys of Skier Law Firm at 561-820-1508 immediately. Whether you knew about the illegal drug use on your property or not, you are in serious jeopardy, as the prosecution may believe that you “should” have known about the illegal drug use, given the circumstances at hand, and will attempt to charge you as a criminal all the same.