No one answers so they go around to the backyard and enter an area that is fenced off, posted with a no trespassing sign, or surrounded by a hedge where they find drugs. Below are some of the types of defense strategies that an attorney at DiCindio Law might use to defend against firearms charges. Call us today at 973-239-8000 or contact us online to schedule a free consultation. 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. In that type of situation, the prosecutor would likely be left with no other option than to dismiss your case. A skilled attorney can analyze the facts to present a strong case disproving constructive possession, especially in matters involving multiple individuals arrested for possession of the same weapon or weapons.
To be clear, it is widely assumed convicted felons know and understand it's illegal in North Carolina to possess a firearm. Before a police officer can stop you or your vehicle, he or she must have a reasonable suspicion that you have violated the law. C. Innocent Possession. Probable cause is usually the basis for most Motions to Suppress Evidence and if successful a court will prohibit the admission of often incriminating evidence which would usually lead to a criminal conviction. Gun crimes in Pennsylvania are usually based on violations of section 6105, 6106, and 6110. I'm always prepared to go to trial and your adversary needs to know that. 8650 N. 35th Ave. Suite 110, Phoenix, AZ 85018. In order to establish constructive possession, the government must prove something more than the defendant's mere presence near the item in question. This Act is specific to New Jersey and requires that judges assign minimum sentences for certain gun-related crimes, including unlawful disposition of a firearm and using a firearm while committing a violent crime. The first is to disprove that the search and seizure of the weapon were legal in the first place. The jury would then determine if they believed Ray. She violated other protocols such as forging the initials of evidence officers and removing samples from the evidence locker and postdating entries in the evidence logbook. The defense can cross-examine the lab tech about not only the results of the test but the process that was used to achieve the results. The definition of an "assault weapon" under NY law is too lengthy to reproduce, but interested parties can find it here.
Pennsylvania, like all other states such as New Jersey and the federal court system permit either the prosecution or the defense to impeach the credibility of a witness. Often, police officers or law enforcement who pull people over and ask to search the vehicle require the driver to sign a consent form before the search begins. New York allows a person to seal up to two convictions (but only one felony), provided the person meets all other criteria. Warrantless searches that are often used by police to find drugs include: Search with consent. Instead, the prosecution must also show that the defendant had the intent to control the drugs. He still continue to work on my case to tie some loose ends. At trial, Rowe admitted to the underlying offense of distributing narcotics, but maintained he never possessed at least 1000g at any particular moment. To win a motion to suppress physical evidence, you must demonstrate to the court that the manner in which the police obtained the evidence (i. e., a weapon or narcotics) was by violating your rights under the Pennsylvania or Federal constitution. 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. However, since Ann is renting the apartment the judge may let the jury decide it.
An actual possession charge occurs in drug arrests where illegal drugs, guns, or other contraband is found on a person at the time of seizure or arrest. In addition, the statute requires that the weapon be loaded with a shot that is readily capable of producing death or other serious injuries. It is just another opportunity for your attorney to tell the court why police have violated your rights under the Fourth and Fourteenth Amendment to the United States Constitution and Article 1, Section 8 of the Pennsylvania Constitution. Many types of firearms are illegal in the state of NJ, including assault rifles. A police officer stops her for an expired registration sticker on her license plate.
Evidence could be suppressed if law enforcement: - Did not have a valid reason to pull you over before discovering a gun in your vehicle.
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