Heroin found on Oregon man leads to additional weapons charges

April 23, 2013 (Press-News.org) Police recently seized several weapons from a Portland home after allegedly finding heroin on one of the residents. The search and seizure resulted in the arrest of two individuals on multiple drug and weapons charges.

Police report finding "arsenal" of weapons in man's Portland area home

Police began investigating two individuals approximately a month ago, after learning they might be involved with heroin. One of the individuals, a 30-year-old male, was allegedly carrying an ounce of heroin on him and a handgun when he was confronted by police.

Police proceeded to the man's home, where they reportedly found various other weapons, including both handguns and rifles. An investigation is currently underway to determine how the man acquired the weapons, and the accused men have not had their day in court to present a defense to these charges.

Police acknowledge that it is common for gun collectors to possess an even greater number of weapons than was found in the man's home. However, since most of the weapons were strewn about the home in closets or buried under piles of clothes, they allege it is unlikely that the man collected them as a hobby. An anonymous source says the man legally purchased the weapons. Regardless, the two individuals arrested are now facing several drug and weapons charges.

The prosecution must prove all elements of a drug possession charge

Possessing drugs, such as heroin, marijuana and cocaine is illegal under federal and state laws. A charge of drug possession, distribution or manufacturing can be quite serious, and a conviction may result in severe consequences. In addition to fines and possible jail time, a drug conviction may make it difficult for one to get a job or qualify for student loans.

In drug possession cases, the prosecution carries the burden of proof when it comes to obtaining a conviction. This means that the prosecution must prove each and every element of the crime.

Specifically, it must be proved beyond a reasonable doubt that an individual knew the drug was an illegal substance and also that the individual had possession or control of the drug. Possession includes actual possession or constructive possession.

Actual possession refers to possession in the literal sense. An individual who physically carries an ounce of heroin in a pocket has actual possession of the drug.

Constructive possession means having access to the drug. For example, an individual found with keys to a house where a large amount of drugs are found may be charged with drug possession under the constructive possession theory.

If you are under investigation for or have been charged with a drug offense, it is essential to get an attorney involved as soon as possible. An experienced criminal defense lawyer can provide valuable guidance and assist in presenting a high-quality defense.

Article provided by Mark C. Cogan, P.C.
Visit us at www.coganlawoffice.com