By Kortney Daly
A dozen people were arrested in the raid of two homes in St. Augustine. There have been lots of calls about these two homes next to each other. There have been many complaints about these homes including shots being fired at the homes. It is unclear from the article whether these people were lawfully living here or squatting in these homes. My guess is that the individuals were squatting due to the unsanitary conditions, the nuisance calls, and the number code violations. The article outlines the majority of the occupants of the house were arrested for drug offenses or they were felons in possession of firearms.
The most common defense to drug and firearm offenses is that they were not aware of the drugs and firearms in the common space. This defense does not really work if the illegal drugs or the firearms were found on their person. The other issue that can arise is if the accused admits to knowing of the drugs or firearms. It is only illegal for the convicted felons in this scenario to be in possession of the firearms.
It is also possible that other charges could come if they were not lawfully in the house. It could be trespassing at the very minimum. Burglary can be more difficult to prove because the prosecution must prove that the person entered or remained in the house with the intent to commit a crime there in other than a trespass.
Of all the charges mentioned in the article, the crime of possession of a firearm by a convicted felon is the most serious. If the prosecution can prove that the convicted felon was in actual possession of the firearm, there is a three-year minimum mandatory sentence. The maximum sentence is up to 15 years in prison. The drug charges have varying minimum and maximum penalties depending on the type of drug and the amount.
The best outcomes will come to those who were not in actual possession of any of the contraband and remained silent. As a remind, please always exercise your right to remain silent. Even if you believe you have done nothing wrong.
If you or a loved one need the assistance of one of our Criminal Defense Attorneys, don’t hesitate to call us at 352-WIN-4YOU We are available 24/7 and we offer payment plans.