How To Beat A Constructive Possession Of A Firearm Charge

Second-degree gun crimes in New Jersey carry a sentence of 5 to 10 years, even if the person on trial has never been convicted of a crime before. State courts from different states may reach different results on similar facts. Thus, even if a gun does not have bullets in it, a person who has both the gun and the appropriate bullets for that gun on his/her person at the same time can be charged with having a loaded weapon. The difference between a criminal possession charge and a criminal use charge is that the latter requires the weapon to be used in the act of committing a class C felony (e. g. How to beat a constructive possession of a firearm charge shotgun. second-degree burglary) or class B felony (e. first-degree rape). Depending on the circumstances of your arrest, your defense may include suppression of the firearm or ammunition. It's important to have a team that will fight for you every step of the way.

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How To Beat A Constructive Possession Of A Firearm Charge Is Used

She has over 25 years of experience in litigation. Then reach out to an attorney to find out one's options. The police will probably answer no. A good legal team is vital to your success in the courtroom. Did not have or show valid identification before performing a search of your property. Without the necessary licensing, the individual breaks the law. Your lawyer can gather information during the preliminary hearing to support motions to suppress evidence or motions to attack any search warrant. We understand that your future is at risk and our team will work diligently to develop an unwavering defense in court. How to beat a constructive possession of a firearm charge is used. For example, if you are driving and you have an illegal firearm inside the center console of your vehicle, if the police stop you and legally discover this firearm then there is a high chance that this will amount to constructive possession of a firearm. Prosecutors often rely on witness statements and other indirect evidence. If Andy had returned to the field to retrieve the drug, the Court probably would have come to a different v. Mijares, 6 Cal.

How To Beat A Constructive Possession Of A Firearm Charge Shotgun

But the police never saw him engage in a handoff or other suspicious activity before arresting him. This blog article is made available by the law firm publisher for educational purposes and to provide general information, not to provide specific legal advice. Weapons Possession Crimes in New York (P.L 265.01 – 265.08) - Rosenblum Law. I will know what each individual witness has to say about the most important issues in your trial. Gun laws can be complicated, and understanding your charge is the first step toward getting the outcome you want from your case. The Pennsylvania Supreme Court (SCOPA), in November 2019, also decided an important Fifth Amendment matter, as it relates to computer passwords and other digital devices. Melissa tosses the box in her car and drives off.

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Get a Free Consultation. Before a police officer can stop you or your vehicle, he or she must have a reasonable suspicion that you have violated the law. Evidence could be suppressed if law enforcement: - Did not have a valid reason to pull you over before discovering a gun in your vehicle. Alternatively, physical possession means that the illegal object you were arrested with was physically in your possession. Your attorney will want to analyze their backgrounds to look for any issues that could impact their credibility. What does it mean to be charged with constructive possession of drugs. He has primarily represented defendants in felony cases in both state and federal courts.

How To Beat A Constructive Possession Of A Firearm Charge Is Considered

The pills are Percoset. While the credibility of eyewitnesses and informants is not an issue that your criminal defense attorney can explore during a preliminary hearing, he can make an issue of it at trial and during pre-trial motions. In this case, it's essential to work closely with your lawyer to make a plea negotiation that can reduce your charge. What is Constructive Possession in Pennsylvania?: Lloyd Long Law Firm. In regard to handguns, any centerfire pistol or revolver is allowed, but the barrel length maximum is 16 inches.

No one disputed that heroin was in the bandanna, no one disputed that Andy took the bandana from the passenger, and no one disputed Andy knew heroin was in the bandanna. I fully endorse this lawyer. How to beat a constructive possession of a firearm charge is considered. Our criminal lawyers excel at cross examining police witnesses in preliminary hearings, pre-trial motions to suppress, and at trial, and we will use our skills to fight allegations of constructive possession. 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. Even if your lawyer does not file a motion with the district attorney to discover who provided the information that led to your arrest, there are various other ways to challenge and attack the credibility of people who provided testimony that led to your arrest.

Consequently, it is a good idea to avoid speaking with law enforcement and attorneys following your arrest. They are by no means the only situations in which a search can be challenged. This is known as the exclusionary rule. This may mean that you'll be required to provide the police or the court with information related to your case or another case. Therefore, the mandatory minimum sentence, pursuant to 841(a)(1), did not apply. Another factor would be whether the defendant had exclusive occupancy of the place where the drugs were discovered. In order for the consent to search to be valid, the form must be filled out in its entirety. The next step in identifying whether a substance is a controlled substance is to establish a chain of custody. Police do not need a warrant or probable cause to search a person or place when a person with the right to do so consents.

Skepticism created by raising issues concerning the lab technician can carry over to other parts of the prosecution's case. Charges of constructive possession may be dismissed if: - The gun was hidden by someone else on your property. Most people with a felony record know to avoid being anywhere near 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.

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