Two Witchita brothers were partying together to celebrate a $75,000 winning lottery ticket, when they accidentally blew up their Wichita home. Neither of the brother’s names has been reported. One of the brothers allegedly went to the kitchen to refuel the butane torches they planned to use to light their bongs. He emptied a couple of large cans of butane lighter fluid, leaking butane into the air. The butane vapor reached the pilot light in the furnace, causing an explosion. The injured brother’s girlfriend drove him to the hospital and then “sped off and has not been found.” The man was treated for second-degree burns and is in stable condition. The other brother was arrested on drug charges after telling police he had meth and marijuana in the home.
Many times, when an individual is charged with a drug crime, the charge is brought because of an extenuating circumstance that would not normally involve any legal consequences, but for the illegal substance either on or in one’s person. For example, some arrested for misdemeanor possession of an illegal substance were arrested because of a non-drug related car accident, a drug-related overdose out of one’s control, or other situation that they might have been the victim in.
In this case, one of the brothers was charged with misdemeanor possession of meth and marijuana. Possession of less than 20 grams is a First Degree Misdemeanor and if convicted, one could receive a combination of up to a year probation, a year in jail, or a fine of up to $1,000.
Those accused of possession of an illegal substance in Jacksonville should remember not to say anything to police until one has spoken with one’s experienced criminal defense attorney. There are many defenses that one can raise to the charge of possession of an illegal substance.
Many times, when police find illegal substances, they are found in a place where more than one person had access. This requires the State to prove two very crucial elements of constructive possession before one can be convicted of Possession of Marijuana:
– Knowledge of the drug’s presence AND
– Dominion and control over the drug
Many times, the prosecutor cannot meet their burden of proving constructive Possession unless the State can show some proof that you knew the cannabis was present. Even if law enforcement can show that one knew about the drug, the State must still show that not only did one know the marijuana was there, but one is also able to exercised dominion and control over it. If someone else has sole dominion and control over the drug, one should not be convicted of possession.
Unfortunately, law enforcement exceed the scope of their legal authority, many times coercing or threatening other police action in order to have one consent to a search, or simply searches without a proper warrant. If one obtains an experienced attorney, one’s attorney will motion the courts to suppress the resulting evidence as having been illegally obtained, if either instance or police misconduct occurred.
Unfortunately for many who abuse illegal substances, overdoses can happen, and along with it, an admission to a medical professional that either oneself or another has been or is currently on an illegal substance. Fortunately for the victims of overdose, those who are experiencing a drug-related overdose that need medical assistance, or those assisting the person that needs medical assistance, are immune from prosecution for possession if it can be shown the evidence was obtained as a result of the overdose and was needed to administer proper medical treatment.
If one obtains an experienced Jacksonville drug crimes defense attorney, one’s attorney may be able to file a motion to suppress any illegally obtained evidence and argue any potential defenses to one’s possession of the illegal substance either on one’s person or in one’s home.
The Forbess Law Firm has been aiding clients who face criminal charges in Jacksonville for years and are here to provide aggressive criminal defense to anyone accused of a crime. If you or a loved one require a Jacksonville criminal defense lawyer, contact our firm today. We are available through our website or by calling us at 904-634-0900.
Additional Source: Brothers Blow Up House Celebrating Lottery Win In Kansas: Cops, The Huffington Post