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To convict on a charge of constructive possession of contraband, prosecutors must prove the following elements beyond a reasonable doubt: - The defendant knew of the presence and character of the contraband. Assumptions and prejudices simply do not stand up when a defense attorney argues a case to a disinterested jury. How to beat a constructive possession of a firearm charge is considered. Therefore, the judge may dismiss the charges without the case going to the jury. Example:Leo, Melissa's boyfriend, asks her to drop off a box at his brother's house on her way to work. How can I be charged with possession if I didn't have the drugs on me? The key to proving dominion and control is to establish the defendant's ability and intent to control the drugs.
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The degree to which the contraband was visible will also be relevant, and a court will also likely consider whether the prosecution can connect the defendant to the area from which the drug or gun was recovered by police. And many times, being able to attack a witness based on prior inconsistent testimony is what helps us win criminal trials. Lack of Criminal Intent. Did not have probable cause for the search warrant to be issued. People v. ASK THE ATTORNEYS: How to beat a gun charge in New York –. Evansarti, No.
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Possession Of A Firearm Charge
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. Standing alone, that might be a successful argument. The police will probably answer no. 02, any person accused of fourth-degree criminal weapons possession (a class A misdemeanor) who has been convicted of another criminal offense in the past five years can instead be charged with third-degree criminal weapons possession (a class D felony). The jury would then determine if they believed Ray. A word of caution, state laws typically require controlled substances that are prescribed to be kept in the bottle with the labeling information that was supplied by the pharmacy. He was concerned the passenger had overdosed and was losing consciousness. Searches pursuant to a warrant can be attacked for several reasons, for example, the affidavit may contain false statements or fail to establish probable cause, the warrant may not be sufficiently specific, or the search may be beyond what the warrant allows. Possession therefore may be imputed to the defendant, depending upon the fact pattern presented by the charging officer and the State through the Assistant District Attorney I Give a Statement? How To Beat A Gun Charge In NJ | Breslow Law. Lack of Reasonable Suspicion or Probable Cause.
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The statements made by the defendant regarding the contraband. They must have probable cause to believe the item they seize is contraband or evidence of a crime. Consent extracted by intimidation orlies is not valid. Motion to Suppress & Constructive Possession. Carrying or keeping a firearm in a secured hard-sided case, while appropriate and reasonable, is also not a defense. Factors that Indicate Constructive Possession: Proximity and Control.
Constructive Possession Definition.
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