How To Beat A Constructive Possession Of A Firearm Charge
Constructive possession, on the other hand, could apply when the gun or drugs are not actually in your pocket, waistband, or somewhere else on your person. Factors that Indicate Constructive Possession: Proximity and Control. Lauren Blair is a lawyer who writes for the legal site,. Therefore, it is extremely common to see constructive possession cases where the police testimony will attempt to establish circumstances which suggest that one of the occupants of the vehicle must have been the owner of the contraband. Some officers have training in how to identify a substance without a chemical test. New Jersey has some of the strictest gun laws in the country, and if you've been charged with a gun-related crime, it's important that you fully understand your charge and work with a legal team that can fight for your best interests. Possession of that weapon, the firearm, can be proven in several different ways. • Criminal possession of a weapon in the first degree is a class B felony. This may also mean that your lawyer works with the judge to exchange a guilty plea for a lower sentence, such as community service in place of jail time. E. Cross-Examination of Lab Technician/Chemists. What does it mean to be charged with constructive possession of drugs. The police officer sees David throw a foil wrapper from the car. Obviously, where the defendant is found near drugs, the defendant probably had the power to control them because the defendant could have easily walked over and picked them up. Typically, you'll need to participate in drug education and counseling, submit to drug testing, and remain drug-free for the duration of the program, which may last for a year or more. Clearly, if the gun was on the person, then this may be very difficult.
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54+ Five-Star Google Reviews. Motion to Suppress & Constructive Possession. In some gun crimes cases, the prosecutor's theory will be based on the defendant's constructive possession of a firearm. She also intentionally tainted samples that tested negative for a controlled substance to test positive. An "antique firearm" is considered a different classification from traditional firearms. Many gun crimes fall into one of the following four degree offenses: First-degree gun crimes. Weapons Possession Crimes in New York (P.L 265.01 – 265.08) - Rosenblum Law. The officer who used the marijuana for the training exercise testified he returned the marijuana in the gun safe to the evidence room, but someone else removed the marijuana that was in the other lockers. Many exceptions allow the police to conduct warrantless searches. Some gun crimes in New Jersey do not fall into any of the four felony categories. He will fight for you and offer you the best defense possible. In the context of firearms possession in Philadelphia, the Pennsylvania Supreme Court (SCOPA), in a May 2019 decision, rendered an opinion in the matter of Commonwealth v. Michael Hicks. The prosecution must prove beyond a reasonable doubt that the defendant possessed a controlled substance.
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Generally speaking, we don't think making a statement to law enforcement is a good idea. 6109), police made observations of intoxication and arrested him for driving under the influence. An attorney's detailed understanding of the law and the defendant's rights allows him/her to draw a path to having charges reduced, charges dismissed, or receiving a not guilty verdict at trial. 8650 N. 35th Ave. Suite 110, Phoenix, AZ 85018. How to beat a constructive possession of a firearm charge is likely. Gun laws in New Jersey are strict, and it's important that you choose a lawyer that has dealt with cases similar to yours. And waited at the fire station for the police to arrive. Actual possession means the person has predominant access to a weapon. Although you may have mistakenly assumed that since your pistol or rifle had a license from Florida, New Jersey, Texas, or California, you could legally own or carry it in New York, this is untrue. D. Disputing Possession.
They are serious criminal allegations and they do carry the very real chance of serving some time. How much jail time for unlawful possession of a firearm. The legal team at the Law Offices of Lloyd Long possess a wealth of experience litigating various types of criminal law cases, and we will use this knowledge to help you defend your possession case. But courts have consistently ruled that proximity alone is not sufficient to convict a person of constructive possession of a controlled substance. It is just another opportunity for your attorney to tell the court why police have violated your rights under the Fourth and Fourteenth Amendment to the United States Constitution and Article 1, Section 8 of the Pennsylvania Constitution. 23+ Years of Trial Experience.
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As long as the weapon is considered to be within your domain — whether it be in your car or house — you would legally be considered in possession of a firearm, commonly referred to as constructive possession. The prosecution may try to allege a defendant constructively possessed a controlled substance in numerous situations. How To Beat A Gun Charge In NJ | Breslow Law. Factors that could enhance the punishment for a drug possession conviction include (but are not limited to): - if death or serious bodily injury occurred in connection with the drug possession charge. At the same time, it is fairly easy for police to try to use the doctrine against a given defendant by testifying to factors such as nervousness, furtive movements, and incriminating statements which simply may not have existed.
Challenge the reasonable suspicion and/or probable cause for the search. The white powder is methamphetamine. The court also mentioned the lighter and license in the pocket as reasons the defendant knew the drugs were present. How to beat a constructive possession of a firearm charge is known. A permit is required to carry a firearm in New Jersey. Andy observed the passenger was drowsy. If you or a family member was arrested for possession of drugs or a firearm, you should consult with an experienced Philadelphia drug defense lawyer today. There are two types of gun charges in New Jersey: laws pertaining to the legal purchase and ownership of firearms and gun offenses and criminal gun charges. Then reach out to an attorney to find out one's options.
How Much Jail Time For Unlawful Possession Of A Firearm
Call 267-225-2545 to speak with a defense attorney today. The punishment for weapons possession in New York depends on the exact charge. Crimes that fit into this category include murder, kidnappings, and armed robbery when the offender uses a gun during the commission of a crime. Seldom does anyone live so isolated from other people. Possession of Firearm by a Felon is a Class G offense in North Carolina. If your attorney has concerns about the calibration of the machine, the process used, or the credentials of the expert, you can hire a chemist.
Reasonable suspicion is a lower form of probable cause and a court can't move to a probable cause analysis unless there is reasonable suspicion for the stop of an individual or a car. Gun laws can be complicated, and understanding your charge is the first step toward getting the outcome you want from your case. Challenge the Consent of a Search. It's very important for you as the client to make sure that you have someone on your side from the very beginning of the case. Philadelphia Criminal Defense Lawyers for Drug and Gun Cases. Your lawyer will also point out other individuals who had access to your property. •All steps are documented. The police take custody of a white powder found in George's car. The "overall length" of a weapon made from a shotgun or rifle is determined by measuring the distance between the extreme ends of the weapon along a line parallel to the center line of the bore. The Court found that although Rowe made several distributions of heroin that added up to more than 1000g during the period of the indictment, he never distributed a kilogram, or more, in any single instance. We want you to understand the severity of the charges and why preparing a defense as soon as possible is so important. Please contact DiCindio Law, LLC for a consultation and to discuss what law is relevant to your case. Reasonable suspicion must be more than a hunch or a guess that criminal activity is occurring and must be based on "articulable facts" based on a police officers' training or experience. The Law Offices of Lloyd Long are prepared to listen to the unique details of your criminal case and help you devise a legal strategy that is tailored to your case.
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Police often stop cars for minor traffic violations and then look for a justification to search the occupants or car for drugs. CONSIDER A DIVERSION PROGRAM IF ONE IS AVAILABLE. Next, the attorney will ask: "Then you do not know if another person left the pipe on the street, do you? If confidential informants are used to prosecute your case your attorney can file a motion forcing the prosecution to produce the confidential informant. In considers and includes a wide range of different fact patterns and scenarios. 336, 5 N. E. 3d 530 (Mass.
Because Ray is the home's sole resident, a bag of cocaine on the coffee table would probably be sufficient evidence for the jury to conclude the drugs belonged to Ray. You knew about the gun but were unaware of the presence of ammunition (or vice versa). Simply possessing a firearm without using it for a criminal purpose can result in a felony charge. To learn more about constructive possession of drugs or firearms, you should continue reading and consider speaking with an experienced Philadelphia criminal defense attorney. For example, if you were pulled over while driving a car, and the police found a gun wedged in between the passenger seat and the console, the prosecutor might argue that you had constructive possession of it. In some states, only first-time offenders charged with misdemeanors are eligible, while others permit persons charged with more serious offenses or with prior records to participate. Similarly, if the defendant's behavior indicated he knew the drug was present, a trace amount can be sufficient for a conviction. •A person is arrested after emerging from a house or an alley that the police were watching because of suspected drug activity. The gun was found in your vehicle, but you didn't know it was there. There are many misunderstood concepts in criminal defense. Field tests and the officer's observations are used to establish probable cause that a crime has been committed. He still continue to work on my case to tie some loose ends. It contained heroin.
Federal and state laws recognize two types of criminal possession: actual possession and constructive possession.