A married couple in Jamestown found themselves under arrest following a law enforcement raid at their residence on May 16. After their arrest, their 4-year-old child was taken into protective custody. A municipal drug task force, state narcotics enforcement team and the DEA took part in the search of their home. The raid was conducted through a search warrant.
Both defendants face felony charges for allegedly possessing 130 grams of cocaine and 25 grams of crack cocaine. In addition, they face a misdemeanor charge for endangering the welfare of a child. As of press time, the couple was awaiting arraignment in the Jamestown City Jail. If convicted, the parents will be at risk of losing the parental rights of their child.
New York State has strict controlled substance laws as well as severe penalties for breaking those laws. Once warrants are granted, raids are often conducted by multiple agencies working in cooperation with one another.
Due to the severity of penalties in narcotics cases, the services of a criminal attorney could be vital to a defense. When a search warrant is involved, the attorney may scrutinize both how it was obtained and whether the arresting officers complied with the terms of the warrant. The lawyer could also investigate whether officers were truthful in submitting information to the issuing judge and whether the information supplied was sufficient for probable cause. In addition, legal issues may become complicated if multiple defendants are charged with drug possession and both share a residence. The attorney may consider a defense that one party had no knowledge of the controlled substances seized.