If a crime was clearly committed (or if you've decided to plead guilty to the crime), sentencing is unavoidable. Whether it be for sport, security, or any other reason, it is important to understand that if stopped by law enforcement and a gun is found on an individual's person that they cannot lawfully possess in the state, the charges will be more than just a minor infraction. A break in the chain of custody occurred since the analyst was not present to explain what happened to the substance while it was in his possession.
He was concerned the passenger had overdosed and was losing consciousness. •A home is searched pursuant to a search warrant. Even if the results are admitted as evidence, each juror determines the truth of the case against the defendant. The pocket also contained a cigarette lighter and her license. 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. However, without a license issued in New York State, that weapon cannot be brought to or used within NY's borders. Knowledge of illegal drugs is an essential element of constructive possession. E. Cross-Examination of Lab Technician/Chemists. But the police never saw him engage in a handoff or other suspicious activity before arresting him. J. How to beat a constructive possession of a firearm charge is always. S. "I hired Zachary after I found myself charged with a felony.
This offense also applies to instances in which the weapon is loaded with blank cartridges, as well as possession of a dangerous knife. Police often stop cars for minor traffic violations and then look for a justification to search the occupants or car for drugs. The prosecution will also often attempt to argue that a person had constructive possession of a firearm. "When you retain our legal services for a felony in Cumberland County, one of the first things we will want to review with you is your 'exposure' to prison time. How to beat a constructive possession of a firearm charge is referred. Be sure to share all the details of what happened when your incident occurred. NY defines a "rifle" as a weapon intended to be fired from the shoulder which uses the energy of an explosive in a fixed metallic cartridge to fire only a single projectile through a rifled bore for each single pull of the trigger. The criterion is not whether you knew or didn't know you had the firearm without the necessary permission in New York, but simply that you possessed the physical firearm. Challenge the reasonable suspicion and/or probable cause for the search. He is the only officer on duty when he makes a traffic stop and sees a bag of crack cocaine in the car. You knew about the gun but were unaware of the presence of ammunition (or vice versa). Depending on the situation, a juvenile accused of this offense may be ordered to confinement, counseling, or supervision.
If I am watching television in my living room and my friend puts his bong on the table, then I cannot necessarily be convicted of drug paraphernalia just because my friend left the bong there. Even though laboratory analysis is required to get a conviction at a trial, some courts will accept a guilty plea based on field test results. Traveling Unlawfully with a Firearm. Beyond a reasonable doubt requires a higher level of certainty than "probably. The gun was found in a place where many people had access. If you would like to learn more about these concepts read Commonwealth v. What is constructive possession of a firearm. You. The element of knowledge is relatively straightforward. Example: David is driving a car and is pulled over by the police for speeding.
Performed an unlawful search of your vehicle. The first step in fighting your charge is learning about the different kinds of gun charges in the state of New Jersey. 5 Ways a Criminal Defense Lawyer Can Fight Gun Charges in Pennsylvania. Or the officer falsely told the woman he could get a search warrant when he could not or falsely told her a drug dog had alerted. To learn more about constructive possession of drugs or firearms, you should continue reading and consider speaking with an experienced Philadelphia criminal defense attorney. He gives her a few pills and tells her they are "maximum dose" aspirin he picked up at the drug store. Crimes that fit into this category include murder, kidnappings, and armed robbery when the offender uses a gun during the commission of a crime. It is also important to realize that in addition to any hunting license, New York State also requires you to carry your NYS Pistol Permit and will not recognize permits issued by other states.
How does the prosecution prove constructive possession? These can be conducted at your home, vehicle, or even on your person. •The police knock on the door of a house to talk to residents. There are ways to mitigate concerns when it comes to your firearm-related conviction, but as touched upon prior, it is important that you consult with an experienced New York criminal defense lawyer who has experience when it comes to dealing with these matters. If you are found in constructive possession of an illegal firearm, you can be convicted of a first degree misdemeanor under good circumstances. Laws related to gun offenses and criminal gun charges in NJ. Using Information From The Preliminary Hearing. Instead, the court must look at the totality of the circumstances. It will take an experienced Massachusetts gun crimes attorney to fight against each of the accusations leveled against you. 5 EFFECTIVE STRATEGIES FOR DEFENDING A DRUG POSSESSION CHARGE. He did not prepare an evidence log; he made no notation of the time the crack was placed in the desk. The concept of a loaded weapon seems easy to understand, but the definition of "loaded" that New York State uses is not quite what most people think. Consent must be given freely and voluntarily. This intent element is what makes constructive possession difficult to prove.
But because the gun was in your pocket, it is pretty clear to whom the gun belonged at the time the police stopped you, and you would have been in physical possession of the gun. Most firearm carrying permits are issued to active-duty police officers and some retired police officers. It's because prosecutors can charge a defendant with the crime of constructive possession of drugs. New York allows a person to seal up to two convictions (but only one felony), provided the person meets all other criteria. Constructive means that the prosecution will argue that the firearm was found in a person's "immediate control" instead of on that individual's person. Constructive Possession Definition. That includes reviewing the discovery, determining whether the State has a case against you, and projecting a possible sentence, if you are convicted or plead guilty. Here are some examples of motor vehicle searches that could be challenged with a motion to suppress because the police arguably exceeded their authority: •Police stop a car for a minor traffic violation. A skilled attorney can analyze the facts to present a strong case disproving constructive possession, especially in matters involving multiple individuals arrested for possession of the same weapon or weapons. You have the legal right to remain silent. For example, if the police relied on a confidential informant to charge you with a gun crime, your lawyer can file a motion demanding the prosecutor to produce the CI. If you or a loved one has been charged with a criminal offense related to firearms, you should not hesitate to speak with a knowledgeable criminal defense lawyer. Dismissal of Firearms Charges Based on Illegal Search.
The prosecution must prove the substance is illegal or illegal for the defendant to possess. This man was later treated and released from an area hospital. Prosecutors often rely on witness statements and other indirect evidence. It's important to have a team that will fight for you every step of the way.
For example, if a drug dealer stores narcotics in a locked safe in his bedroom, it would be hard for prosecutors to show that a roommate had dominion and control over the drugs. While these penalties range depending on what type and where the possession took place, any sort of criminal conviction regarding firearms can have a long-lasting impact on your life, so it is important to think hard before making any statements to law enforcement or allowing them to search your person or vehicle. In constructive possession cases, your attorney will look at other people who were nearby who might have actually owned the gun with which you are charged. D. Remedies for a Break in the Chain of Custody. Most illegal gun and firearm cases will make it past the preliminary hearing level and so a defense win doesn't necessarily mean getting the charges dismissed. In so ruling, the Court rejected the Commonwealth's argument that the password itself was a "Foregone Conclusion" under the United States Supreme Court (SCOTUS) decision in Fisher v. United States. To get a search warrant, the police must provide a judge or magistrate with one or more affidavits (written statements under oath) reporting the observations of confidential informants, private citizens, or police officers. If your criminal defense attorney is ignoring reasonable suspicion and simply going right to probable cause he is pretty much cutting your probability of success at a pre-trial motion in half. Beth was sitting in a chair close to the window. Download PDF Version.
More litigation is sure to follow. 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. "Attorney Divelbiss is bright, hard-working, and well-versed in criminal law. A skilled lawyer can challenge the admission of evidence as well as argue that evidence does not lead to the inference that the person charged with the crime is beyond a reasonable doubt. However, he did not intend to commit a crime.
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