What Does It Mean To Be Charged With Constructive Possession Of Drugs
There are two remedies when a chain of custody is broken. Constructive Possession Definition. If you've been charged with a gun-related crime in New Jersey, you must work with a law firm that has the experience necessary to beat your charge. Some states do not have any such licensing requirements, even for handguns, but that is not the case in this state. Most people with a felony record know to avoid being anywhere near a firearm. Proving dominion and control is often more challenging. ASK THE ATTORNEYS: How to beat a gun charge in New York –. We will do everything we can to preserve your License To Carry (LTC) and Firearm Identification Card (FID), and if you're facing conviction, we'll fight to have your sentence suspended in lieu of probation. Questioning Lab Technician's Credentials. Four Vermont men were recently arrested on gun charges following a report of a fight at a Massachusetts hotel. 6109), police made observations of intoxication and arrested him for driving under the influence. Prosecutors also must prove that the defendant knew or should have known that the drugs were in fact illegal. Regardless of whether they are carrying it openly or covertly, a person cannot possess a firearm in the state of New York unless they have the necessary licenses and permits. 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.
- How to beat a constructive possession of a firearm charge is likely
- How to beat a constructive possession of a firearm charge shotgun
- How much jail time for unlawful possession of a firearm
How To Beat A Constructive Possession Of A Firearm Charge Is Likely
And given the potential harsh consequences of a conviction for Possession of a Firearm by a Felon, you and your matter deserve the attention of an experienced criminal lawyer. When a defendant is arrested and charged with a possessory offense, the actual possession of the contraband in question is an element of the offense. As long as the Commonwealth produces a witness who testifies that the accused had a weapon a judge will normally find that there is enough evidence to proceed to trial. However, that alone does not make them the defendant's drugs. I have written previous articles on actual versus constructive possession and I encourage you to read them. When you've been charged with a gun crime in New Jersey, you likely have many questions. Weapons Possession Crimes in New York (P.L 265.01 – 265.08) - Rosenblum Law. 1 occurs when a person: Possession of a firearm by a felon is a class G felony with a maximum punishment under the law of 47 months incarceration in the custody of the North Carolina DAS – Department of Adult I Go to Prison for Firearm by Felon Charges? A neighbor saw Andy, the defendant, lean into the passenger side of a car, slap the passenger, take a red bandanna from the car and throw it into a field. Second, the prosecution must prove the defendant knew he or she had possessed the controlled substance.
How To Beat A Constructive Possession Of A Firearm Charge Shotgun
Skepticism created by raising issues concerning the lab technician can carry over to other parts of the prosecution's case. Drug possession is a serious criminal charge and the punishment typically includes jail time and money fines. In these situations it's important that your criminal defense lawyer focus on other people in the area and who actually owned the property in question. How to beat a constructive possession of a firearm charge shotgun. Further, even if the ammunition is not accessible or ready to be loaded into the firearm, the law will still consider the weapon to be loaded, which could result in even harsher charges and punishment. The penalties for constructive possession of drugs or firearms are the same even if you are found in physical possession of these items.
How Much Jail Time For Unlawful Possession Of A Firearm
David Courie, Criminal Defense Attorney Hoke County NC. But the police never saw him engage in a handoff or other suspicious activity before arresting him. Allen Hsu, Attorney. In this case, it's essential to work closely with your lawyer to make a plea negotiation that can reduce your charge. For example, if a confidential informant has an agreement with the police department in which he or she is paid a certain amount for providing information about others, the payment agreement could be used to demonstrate his or her motive to provide information that may or may not be true. Constructive possession is more than the mere presence of a gun—it requires some kind of active participation on your part. How to beat a constructive possession of a firearm charge is called. 2999 N. 44th St. Suite 307, Phoenix, AZ 85018. To prove that the substance tested was the substance the defendant possessed, the prosecution must establish a chain of custody. This may mean that you'll be required to provide the police or the court with information related to your case or another case.