There are two remedies when a chain of custody is broken. Email or call 888-883-5529 for a free consultation about your case. These types of issues might help to create enough reasonable doubt to result in an acquittal. What is Constructive Possession in Pennsylvania?: Lloyd Long Law Firm. Possession of that weapon, the firearm, can be proven in several different ways. 8650 N. 35th Ave. Suite 110, Phoenix, AZ 85018. For example, if a defendant is discovered with a large amount of heroin, this can result in a lengthy prison sentence if convicted. If you or someone you love has been arrested for criminal possession of a weapon or any other criminal offense in New York, contact an attorney right away for advice.
Other factors could also affect sentencing. He gives her a few pills and tells her they are "maximum dose" aspirin he picked up at the drug store. Evidence could be suppressed if law enforcement: - Did not have a valid reason to pull you over before discovering a gun in your vehicle. You do not have to fight your case alone, contact the Law Offices of Lloyd Long at (215) 302-0171 for a free legal consultation. For example, if you hide drugs in your shoe and it is discovered when you are arrested, this is considered physical possession. No matter what type of crime you're charged with, your lawyer can help you fight your charge, potentially reducing your charge (and your sentence). The prosecution theory based on constructive possession is a prime target for a criminal defense attorney. •The lab analyst documents when the container was opened, what procedures were performed on the contents, and who had access to them. This offense also applies to instances in which the weapon is loaded with blank cartridges, as well as possession of a dangerous knife. How to beat a constructive possession of a firearm charge rifle. This is not an exhaustive list; there are other factors the court may examine to determine the owner of illegal contraband.
The information provided is for informational purposes only and may not reflect the most current legal developments. Going to a preliminary hearing can still be valuable. Proximity can be an important factor in constructive possession cases. Drugs are in plain view. For example, if a defendant is found in constructive possession of a firearm in a car that they do not own, this can cast a shadow on whether they truly own the gun. How To Beat A Gun Charge In NJ | Breslow Law. The above listed information does not include the entire crimes code, annotations, amendments or any recent changes that may be relevant. This means they will look at things like how close the object is to the defendant, whether the defendant makes any statements, whether police observed the defendant making quick movements which suggest the defendant was trying to hide the object, and whether the defendant displays consciousness of guilt such as nervousness or flight. Prosecutors can make a case against multiple people for joint dominion and control of illegal drugs if all of the defendants knew about the contraband and, more significantly, each defendant had the ability and intent to control it.
Possession and intent to control an illegal item are a large part of proving that a defendant was in constructive possession of an illegal item. At trial, Ann's defense attorney cross-examines the arresting officer asking him if he was aware other people lived in the apartment. He was eager to learn and developed a reputation for honesty and zealous advocacy. Simply possessing a firearm without using it for a criminal purpose can result in a felony charge. And it's honing in on those important issues and the differences in testimony between the prosecution witnesses and the defense witnesses that will better prepare me to make sure that the correct argument is made to your jury. First-degree gun grimes the most severe type of felony gun charge in New Jersey. If the arrest is without probable cause, the evidence obtained during the search can be suppressed. Motions to Suppress Evidence are based on a lack of reasonable suspicion and/or probable cause to stop and/or search an individual and his belongings. When witnesses are produced at trial (confidential or not) it's important that your attorney explore their background to determine if there are potential credibility issues. What does it mean to be charged with constructive possession of drugs. First, at the least, it will raise a doubt in the juror's minds concerning who owned the marijuana plant in the window. Below are some of the types of defense strategies that an attorney at DiCindio Law might use to defend against firearms charges. However, in order for a defendant to be convicted, the judge or jury must believe beyond a reasonable doubt that the defendant constructively possessed the item in question, and vague reaching movements or nervous behavior simply may not be enough.
These include: New York's weapons possession laws include something known as the "bump up" rule. To figure out if one's record can be sealed, first read our information page on sealing criminal records in New York. A police officer stops her for an expired registration sticker on her license plate. 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. I will look at police reports, witness statements, 911 tapes, transcripts of 911 tapes, preliminary hearing testimony, anything that is available for me will have been thoroughly reviewed and discussed with you before we walk in. Knowledge of illegal drugs is an essential element of constructive possession. Future First Criminal Law will get to know your case and develop a strategy that will work best for you. Many attorneys who defend gun or drug cases immediately focus on probable cause to stop a vehicle or person but ignore reasonable suspicion. If you are facing criminal charges and need legal help, contact the West Chester, PA criminal defense lawyers at DiCindioLaw, LLC to schedule a free initial consultation. How to beat a constructive possession of a firearm charge is one. This intent element is what makes constructive possession difficult to prove. You knew about the gun but were unaware of the presence of ammunition (or vice versa).
• Criminal possession of a weapon in the first degree is a class B felony. Did not read you your Miranda warning at the time of your arrest. Our practice is limited to a small number of criminal defense clients to best devote all of our time and attention to EVERY client's needs. How to beat a constructive possession of a firearm charge due. This would be the case if the weapon was concealed on one's person or nearby (between car seats). The more your lawyer knows, the better they'll be able to help you fight your charge. Field tests are often inaccurate and routinely produce false positives. The testing equipment must be properly maintained and calibrated.
02, any person accused of fourth-degree criminal weapons possession (a class A misdemeanor) who has been convicted of another criminal offense in the past five years can instead be charged with third-degree criminal weapons possession (a class D felony). Keep in mind that ignorance of the law is not an excuse. Second, mere proximity to drugs is insufficient to sustain a conviction. Having an illegal drug in your immediate area or your possession does not automatically mean you have committed a crime. 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. The element of knowledge is relatively straightforward.
Philadelphia Criminal Defense Lawyers for Drug and Gun Cases. •Police stop a car for a traffic violation. While guns get the most media attention, New York also limits the possession and use of other types of weapons, such as knives, brass knuckles, blackjacks, TASERs and more. First-time offenders may be sentenced to parole or community service instead of serving prison time. The evidence is admitted for the jury's consideration. For example, a chemist for a state crime lab in Massachusetts grouped together samples from different cases that were to be tested. The police will probably answer no.
However, any defenses other than a motion to suppress would likely focus on whether the police officers are telling the truth instead of whether you were legally in possession of the gun. Federal and state laws recognize two types of criminal possession: actual possession and constructive possession. Family Court handles sentencing on a case-by-case basis. Contact attorney Edward R Molari today to schedule a free case evaluation. There are many misunderstood concepts in criminal defense. We recommend people accused of criminal allegations, even if they have not yet been charged, to politely decline to give a statement or "go down to the station to clear things up. Beth was sitting in a chair close to the window.
The Court ruled that the police were not permitted to stop Hicks just to confirm if he possessed a valid license to carry a concealed firearm. When the police are in a place where they are entitled to be, they can seize evidence that is in plain view. He recognized the symptoms of his friend's overdosing and acted promptly to get medical assistance for him. At trial, the prosecution must show the substance that was tested was the same substance that the police claim was the reason for the arrest. Most kinds of weapons, including many kinds of firearms, are permitted for use within one's home or place of business. In addition, the statute requires that the weapon be loaded with a shot that is readily capable of producing death or other serious injuries. For example, if you were pulled over while driving a car, and the police found a gun wedged in between the passenger seat and the console, the prosecutor might argue that you had constructive possession of it. Please read my other article on this topic. Attack the credibility of eyewitnesses and confidential informants before and at trial. ASK THE COURT TO SUPPRESS THE EVIDENCE.
In illegal firearm cases, courts generally find sufficient probable cause, meaning that dismissal at the preliminary hearing is unlikely. Laws related to the purchase and ownership of firearms in New Jersey. Did you ever wonder how prosecutors are able to convict drug traffickers for possession of tons of illegal substances found on a cargo ship thousands of miles away? For example, we have many times hired Engineers to photograph and take measurements at accident scenes to later find out before trial, that for instance, the roadway has been repaved and that evidence is no longer available to us. Betty leaves the pills in a baggie on the passenger seat of her car.
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