You knew about the gun but were unaware of the presence of ammunition (or vice versa). Sam is not the only crack addict on the streets. They must have probable cause to believe the item they seize is contraband or evidence of a crime. The punishment for weapons possession in New York depends on the exact charge. However, the prosecution would probably be able to prove constructive possession of the cocaine were found in a closet in Rick's room which he always kept locked and to which he alone had the key. Meticulous Trial Preparation. If the police conducted an illegal search and found a firearm, your attorney might be able to get the firearm and any mention of it suppressed at trial. Even if you have a prior felony on your record, it's OK if you have questions about the Felony Punishment Grid in North Carolina. Although Hicks possessed a valid license to carry a concealed weapon (18 Pa. C. How To Beat A Gun Charge In NJ | Breslow Law. S. A. The chemist or lab tech who performed the tests that identified the controlled substance must be available for cross-examination by the defense attorney.
When you've been charged with a gun crime in New Jersey, you likely have many questions. Betty leaves the pills in a baggie on the passenger seat of her car. 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. How to beat a constructive possession of a firearm chargé d'études. 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. Instead, the court must look at the totality of the circumstances.
Depending on the circumstances of your arrest, your defense may include suppression of the firearm or ammunition. It's because prosecutors can charge a defendant with the crime of constructive possession of drugs. 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. So waiting to hire a lawyer until after the preliminary hearing many times is a big mistake, because if the lawyer who's representing you at trial also properly prepared for your preliminary hearing and interviewed your witnesses prior to your preliminary hearing, the trial result is going to be much better. The penalties can range depending on the charge, but in short: • Criminal possession of a weapon in the fourth degree is a class A misdemeanor.
Since the substance tested was powder, the court observed it would be readily susceptible to alteration or substitution. Constructive possession is harder to prove than actual possession. Andy engaged in all the behavior that constitutes illegal possession. As a general rule, police are required to get a warrant before searching any place or item in which a person has a reasonable expectation of privacy– her home, office, hotel room, luggage, sealed packages, and mail, for example. Questioning Maintenance of Testing Equipment. This is why it is important to consider discussing the facts and circumstances of your case with an experienced criminal defense attorney in that, should you be able to show that the evidence was obtained illegally, all evidence from the search becomes inadmissible at the trial. Thus, if the defendant was the owner and operator of a car from which the police recovered a gun, a court is more likely to find that the defendant knew about and owned the gun than if the defendant was merely borrowing the car from the friend. Hudson v. What is constructive possession of a firearm. State, 30 So. You may also want to watch my video on this issue. Remember—just because a police officer had a warrant does not mean that the search was valid. Example: David is driving a car and is pulled over by the police for speeding. The prosecution may try to allege a defendant constructively possessed a controlled substance in numerous situations. Don't wait until things get bad to reach out to a lawyer. •A record is maintained of who has access to the substance.
Use the preliminary hearing to obtain information to support pre-trial motions and trial defenses. 5 EFFECTIVE STRATEGIES FOR DEFENDING A DRUG POSSESSION CHARGE. 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. The firearm in question only needs to be operational to violate NY Penal Law 265. "Constructive possession can come into play with firearm by felon charges. For actual possession, the police typically find the contraband on a person's body or in the hand, clothes, or something being held, like a bag, box, or case. Crimes classified as second-degree gun felonies include possession of a weapon for an unlawful purpose and illegal handgun possession. 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. 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. Eligibility for diversion programs varies by jurisdiction. ASK THE ATTORNEYS: How to beat a gun charge in New York –. If motions to suppress are denied, your attorney can still argue for a reduction of the charges depending on how or where you possessed the firearm. In that type of case, the main defense to a gun charge would usually be a motion to suppress – if the police stopped and searched you illegally, then the evidence could be excluded and the case dismissed. That is not to say you will automatically be convicted if you lose a motion to suppress. Lack of Reasonable Suspicion or Probable Cause.
In order to make sure that I'm able in your criminal trial to attack the witnesses that are testifying against you, I make sure that I look at each and every statement and compare it to their prior testimony at a preliminary hearing to make sure that there is no way for them to change their story, to make sure that there's no way for them to then embellish upon what they previously told the police, or what they previously testified to in court. Constructive possession means that the prosecution will argue that the gun or firearm in question was found in a person's area of "immediate control" rather than on their person. At the close of the prosecution's case, the defense attorney would then ask the judge to dismiss the charges. 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. The prosecution theory based on constructive possession is a prime target for a criminal defense attorney. •The container is stored in a secure area. While Pennsylvania's gun laws are relatively lenient, there are multiple firearms charges that could result in serious penalties and felony convictions. For example, a gun used in the commission of the crime could carry charges of transporting a firearm in a vehicle, carrying a handgun in public, or other weapons charges in addition to offenses related to the intended crime. Also, no evidence, other than proximity, links Sam to the crack pipe. How to beat a constructive possession of a firearm charge is one. The first is to disprove that the search and seizure of the weapon were legal in the first place.
However, there are certain exceptions to the search warrant requirement that police can use to conduct warrantless searches. If you or a loved one has been charged with a criminal offense related to firearms, you should not hesitate to speak with a knowledgeable criminal defense lawyer. Possession of Firearm by a Felon is a Class G offense in North Carolina. E. Cross-Examination of Lab Technician/Chemists. Is proximity to drugs enough to prove constructive possession? The fact is most public defenders are overworked and may not have the time and energy to dedicate to one's case. Constructive possession, on the other hand, is a special charge that prosecutors can use when the illegal items were not found physically on the defendant, but the defendant knew about the contraband and had dominion and control over it even though it wasn't in their actual possession. Sentencing will also depend on the type and amount of narcotics involved.
If this is your situation, keep your goal in mind. 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. In addition, the government must show that the defendant had both the intent and the power to control the contraband. The jury would then determine if they believed Ray. A juvenile, according to NYS law, is any person between the ages of 7 and 16. The rules on warrantless searches are sometimes vague and not infrequently police exceed permissible bounds and conduct a questionable searches. There is a good chance the judge would do so.