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Defendant Had Eviction Notice Filed Against her for Drug Activity

On August 2006, a detective recovered a loaded handgun and approximately 300 small glassine and zip lock bags which were later tested and found to contain a total of 1/8 oz + 0.2 grains of heroin and 1/8 oz + 4.5 grains of cocaine from a woman’s bedroom. An individual who does not live in the apartment and who was not named as an opponent was arrested at the scene. The woman was later arrested at the apartment when she arrived home from work.

a New York Criminal Lawyer said the woman testified that she was a working single mother of two children, who were 10 and 12 years old at the time. During the summer, her sister generally watched her children when she went to work. When her sister was unavailable to see her children, the woman had to ask her neighbors to watch her children during working hours. The man was one of the neighbors who lived with his mother in the same building.

The woman testified that the man did not live in her apartment, that he did not have keys to her apartment and that he watched her children approximately six or seven times during that summer.

The man testified that on the day of his arrest, he was at the woman’s apartment to watch her children while she was at work. A New York Drug Possession Lawyer said he kept his narcotics and his gun in a sneaker box which he carried with him. Usually, he packaged narcotics in the emergency stairwell of his building and sold drugs down the block. That morning, however, he brought the sneaker box into the woman’s bedroom to package cocaine. At approximately 11:00 a.m., he left the apartment. He stored his drugs in the bedroom to protect the children, put his gun in the dresser drawer and locked the bedroom door. He was arrested upon his return to the apartment at approximately 11:35 a.m., with $500 in his pocket. A Nassau County Drug Possession Lawyer said he also testified that he did not live in the woman’s apartment, that he did not have keys to her apartment and that he watched her children approximately eight times during that summer.

Based on records, according to the real property law, the landlord has the burden to prove by an occurrence of the credible evidence that the premises were used to facilitate trade in drugs and that the tenant knew or should have known of the activities and agreed in the illegal drug activity in the apartment.

Consequently, there is no allegation that the woman participated in or had any actual knowledge of any illegal drug crime or that she was the subject of any criminal investigation. Afterwards, there were no criminal charges pursued against her.

There was no evidence of any unusual traffic in and out of the apartment. There were no complaints from tenants or other members of the community about any illegal activities involving the apartment or occupants of the apartment. There was no evidence of any drug sales in the apartment. Nor were there any prior arrests for drug-related offenses in the apartment. There was no evidence to show a habitual pattern of criminal activity in the apartment.

The woman testified that after the man’s arrest he has not been back to her apartment, nor is he allowed back in the apartment. A Queens Drug Possession Lawyer said the complainant produced no evidence either that he has returned or that there has been any illegal activity of any kind in the apartment since the date of the arrest.

The evidence in the record does not dominate in the complainant’s favor, sufficient to warrant the eviction of the woman and her children. Consequently, the court entered into a decision to dismiss the petition.

Even if we are not involved in any illegal misconduct, there will still be situations that may put us in trouble. If you are already involved and you want to prove that the allegations are wrong, you can ask for the Bronx Criminal Attorneys. However, if a drug related offense concerns you, you may call the Bronx Drug Lawyers at Stephen Bilkis and Associates. They are the most qualified professionals to provide you legal representation.

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