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But courts have consistently ruled that proximity alone is not sufficient to convict a person of constructive possession of a controlled substance. Flexible Payment Plans. More litigation is sure to follow. The Graves Act makes those convicted of a first-degree gun crime ineligible for parole with a sentence of 10 to 20 years in prison. If we didn't send that engineer out to your accident scene within a week or two after your injury that evidence would have been gone forever. Fleeting possession typically applies when a person takes possession of a drug to dispose of it. Challenge the reasonable suspicion and/or probable cause for the search. The court also mentioned the lighter and license in the pocket as reasons the defendant knew the drugs were present. Felony sentencing in North Carolina is complicated and can be very confusing to people unfamiliar with the system, such as family members of the accused. Laws related to gun offenses and criminal gun charges in NJ. If the police did not have probable cause to either conduct a traffic stop, search the vehicle, or both, then the weapons possession charge could be dismissed. He did not prepare an evidence log; he made no notation of the time the crack was placed in the desk. Any criminal defense attorney who does not explore probable cause with you and attack it is simply wasting your time and your money. Actual possession means you have the drug on your person (e. g., in your hands, mouth, pockets, purse, or backpack).
•The container is stored in a secure area. Consequently, it is a good idea to avoid speaking with law enforcement and attorneys following your arrest. Typically, you'll need to participate in drug education and counseling, submit to drug testing, and remain drug-free for the duration of the program, which may last for a year or more. While it's not expected that New Yorkers should be aware of every gun charge and regulation outlined in the Penal Code, knowing what the basics are beyond just the Second Amendment when it comes to the possession and transportation of firearms, along with how to beat a gun charge, can be the difference between protecting your innocence and safety, or losing your future and freedom. Dismissal of Firearms Charges Based on Illegal Search. Furthermore, sheer incompetence can never be discounted. Your attorney will also review whether or not the officer had enough probable cause to support a search of your vehicle or of your person. Consequently, the trace amount was insufficient to prove the defendant knew he had possession of cocaine. Many states are divided on this issue. Get a Free Consultation.
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. This means that the government must prove that the defendant possessed the thing beyond a reasonable doubt. If you have been charged with a firearm offense in Massachusetts, it is critical to understand that these charges are taken extremely seriously and that the offenses can lead to felony convictions. As a result, it's possible for a person to break one (or more) laws without realizing it. If you or a family member was arrested for possession of drugs or a firearm, you should consult with an experienced Philadelphia drug defense lawyer today. B. Warrantless Searches. What seems like a simple element can be a big problem for the prosecution. Andy engaged in all the behavior that constitutes illegal possession. David Courie, Criminal Defense Lawyer. Charges of constructive possession may be dismissed if: - The gun was hidden by someone else on your property.
In that type of situation, the prosecutor would likely be left with no other option than to dismiss your case. "In a criminal matter, preparation is key. Sufficiency of Evidence. What is an exclusive occupancy inference? Work with Our Philadelphia Firearm Possession Attorneys Today. D. Remedies for a Break in the Chain of Custody.
Contact attorney Edward R Molari today to schedule a free case evaluation. It's important to have a team that will fight for you every step of the way. Request A FREE Consultation. That means you can be charged with a drug possession crime even if you don't have any drugs on you. Ann is charged because the apartment is in her name. 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. He abandoned the property.
The defendant was observed by a remote camera operator at a convenience store showing a handgun to another individual. Questioning Testing Procedures. The lawyers at Rosenblum Law are experienced criminal defense attorneys with offices in New York and New Jersey. 4 Ways to beat a gun charge in New Jersey. This means that a person who can legally carry a firearm may receive a lighter sentence than usual if they are arrested with a concealed firearm. 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. They have to establish that the defendant knew of and had control over the illegal items that were located in a physically different place from the defendant. Court of Appeals for the Third Circuit decision in United States v. Anthony Rowe. Lauren Blair is a lawyer who writes for the legal site,.
For example, it may apply when contraband is found in a car or a house or when drugs are stored in a stash somewhere near where someone is selling them. The same is true with possession. This means that there are cases in which illegal drugs and guns are found in cars or houses and it is simply not possible for the government to prove to whom those items belonged. Questioning Maintenance of Testing Equipment.