How To Beat A Constructive Possession Of A Firearm Charge - Imprisoned One Million Years: My Disciples Are All Over The World - Chapter 197

•The container is stored in a secure area. Similarly, if a confidential informant has an agreement to secure a dismissal of his or her charges or to receive a plea to a lesser offense based on providing information, that could also be used to challenge his or her credibility. When you've been charged with a gun crime in New Jersey, you likely have many questions. A passenger in a car where drugs were found in the back seat isn't automatically deemed to have constructive possession of the drugs. You knew about the gun but were unaware of the presence of ammunition (or vice versa). David Courie, Criminal Defense Attorney Hoke County NC. 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. In general, officers must secure a search warrant before they can search your vehicle, person, or home. He placed himself in legal jeopardy to save someone else. This is simply not the kind of thing a person should attempt to handle without the advice of an experienced criminal defense attorney. The Prosecution Must Prove the Substance Is Illegal to Possess.

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The police are called and they find a bag of cocaine on a table. Constructive possession is a type of criminal law that permits law enforcement to arrest a suspect for drugs, firearms, or other illegal material that the suspect did not physically have on their person. If you suspect someone you associate with, live with, or share a vehicle with of possessing drugs, it's possible that you could face a constructive possession charge for drugs found in a shared space. He was concerned the passenger had overdosed and was losing consciousness. A juvenile, according to NYS law, is any person between the ages of 7 and 16.

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That is why all documentation needs to be questioned and examined. Search incident to arrest. 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. Peter Pullano is the Managing Partner at Tully Rinckey PLLC's Rochester Office, where he practices criminal defense. 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. The prosecution will also often attempt to argue that a person had constructive possession of a firearm. There is a good chance the judge would do so. Sam is not the only crack addict on the streets.

They are serious criminal allegations and they do carry the very real chance of serving some time. While having weapons in a home can be sufficient reason to arrest everyone on the premises, it is not always enough to convict all those present at the time the weapon was uncovered. Criminal Use of a Firearm, Second Degree is itself a class C felony and carries a penalty of up to 15 years in prison on top of any possible sentencing for the underlying felony. The samples appeared to be similar; so the chemist tested only a few of the samples but certified that all the samples had been tested. Hiring experts from the beginning of your personal injury representation for you, is key to our success later on at the time of trial. Law enforcement states that a call was received from a man who claimed that he was being beaten up in a hotel parking lot and threatened with a gun. In that type of situation, the prosecutor would likely be left with no other option than to dismiss your case. Cross-examination of the lab tech who performed the tests can be critical. Example: Ray's fiancée frequently visits his home. The next step in identifying whether a substance is a controlled substance is to establish a chain of custody. Example:Leo, Melissa's boyfriend, asks her to drop off a box at his brother's house on her way to work. When the police are in a place where they are entitled to be, they can seize evidence that is in plain view. Create an Argument to Attack Constructive Possession.

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Sometimes, the police do have the warrant to search a car or a home. After a lot of drinking, a fight breaks out. Consequently, it is a good idea to avoid speaking with law enforcement and attorneys following your arrest. In addition, your attorney can use the opportunity to collect information about potential trial issues such as constructive and actual possession. If life-threatening violence or force was used by the defendant. Granted, the prosecution will have a relatively easy time proving possession if a defendant is found with a large amount of cocaine in his coat pocket. The gun was found in your vehicle, but you didn't know it was there. Many states are divided on this issue. If you're facing a gun charge in New Jersey, it's important to know exactly what you're up against. If the vehicle is validly stopped, the passenger compartment may be searched for weapons for the officer's protection if the officer has a reasonable suspicion weapons will be found. Hudson v. State, 30 So.

Most people understand that gun or firearm charges are extremely serious and these crimes can result in felony convictions. Sufficiency of Evidence. The court noted the absence of any evidence that indicated the defendant knew the cocaine was in his pockets. However, constructive possession, unlike physical possession, can be difficult to explain and for jurors to understand. Challenge the Consent of a Search. Contact us today for your free and confidential consultation. The arresting officer did not find the drugs in the defendant's pocket. At trial, Rowe admitted to the underlying offense of distributing narcotics, but maintained he never possessed at least 1000g at any particular moment. The downside is that you may have to plead guilty to the charges so that, if you fail to complete the program requirements, you will not be entitled to a trial and you will be sentenced. Fourth Amendment Violations. 4 Ways to beat a gun charge in New Jersey. Proximity can be an important factor in constructive possession cases. A good defense attorney knows that questioning the evidence against you in the right way can cast doubt in the minds of the jury.

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Although a defense attorney may not explicitly make this argument, jurors are aware of a police officer's lapse in professionalism, and they often resent it. However, the burden of proof at a preliminary hearing is much lower than what is required at trial, so just because a case might be bound over for trial after a preliminary hearing does not necessarily mean that a defendant will be convicted of the offense. It may not have been a great idea to hang around in the area where they were stored, but that does not make them the defendant's. The court noted the form-fitting jacket made it more likely the defendant knew the methamphetamine was there even if it, as she claimed, the jacket belonged to a friend. There is, however, an overlap between the issue of character and credibility.

Most crimes have two aspects. He was not charged with any firearms offenses. Just as you cannot assume policies regarding the chain of custody were followed, you cannot assume proper laboratory procedures were followed to determine if a substance is a controlled substance. D. Remedies for a Break in the Chain of Custody. There is no prescribed sentence attached to this offense.

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

By contrast, constructive possession implies that one or more persons had dominion or control over an item. That means you can be charged with a drug possession crime even if you don't have any drugs on you. Some jurisdictions don't require a guilty plea but do require you to waive a jury trial. Weaken Eyewitness Credibility. They can help you gain an understanding of the criminal defense legal process and learn about the options available to you. I fully endorse this lawyer. Meticulous Trial Preparation. Jurors may think the pipe probably did belong to Sam. The real lesson in this case though is how, in some instances, law enforcement officers can display a complete lack of professionalism and fail to follow proper protocol.

Furthermore, the Court noted there was no evidence that Andy intended to resume control of the drug when he threw it in the field. If the arrest is without probable cause, the evidence obtained during the search can be suppressed. Lab technicians must have proper credentials and degrees. If you or a family member was arrested for being in constructive possession of an illegal item, you should contact an experienced Philadelphia firearm possession attorney today. So, he arrested Ann. Prosecutors will bring constructive possession charges when a person is believed to own the narcotics, but they were not actually in their possession at the time of the seizure or arrest.

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