Sometimes, the police do have the warrant to search a car or a home. It has been a pleasure working with Mr. How to beat a constructive possession of a firearm charge due. Divelbiss and he serves his clients very well! That includes reviewing the discovery, determining whether the State has a case against you, and projecting a possible sentence, if you are convicted or plead guilty. However, some tests may have been performed on the sample that failed to detect an illegal substance. Throughout the United States and more specifically, in New York State and New York City, the issues of weapons possession —specifically firearms — have received much attention as new laws, Supreme Court rulings, and Second Amendment-related issues continue to change the landscape of firearm ownership and charges across the country.
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Controlled substances include both drugs that have no legal medical use such as crack, heroin, and cocaine, as well as prescription medications such as Percocet and Xanax. Create a thorough defense strategy to give you your best chances — Schedule a free consultation. This significantly increases the possible sentence from 1 year to 7 years. If the prosecutor can't show that the defendant had the ability and intent to control the drugs, then there can be no conviction. If confidential informants are used to prosecute your case your attorney can file a motion forcing the prosecution to produce the confidential informant. Performed an unlawful search of your vehicle. The pills are Percoset. 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. How to beat a constructive possession of a firearm charge california. Field tests and the officer's observations are insufficient to prove beyond a reasonable doubt that a substance is illegal. Attack the credibility of eyewitnesses and confidential informants before and at trial. Police are not always required to give you Miranda Rights if you give a voluntary statement or voluntary confession and are not in custody or subject to a custodial interrogation.
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In order for the consent to search to be valid, the form must be filled out in its entirety. Even if the results are admitted as evidence, each juror determines the truth of the case against the defendant. This may mean that you'll be required to provide the police or the court with information related to your case or another case. Weapons Possession Crimes in New York (P.L 265.01 – 265.08) - Rosenblum Law. Contact an attorney today to protect your rights and freedoms. The statements made by the defendant regarding the contraband. Another important issue is whether the defendant had sole control of the area where the drugs were multiple people are in an area, it can be difficult or impossible for the prosecution to prove which of them controlled any drugs that are found. If you are charged with a gun crime in Pennsylvania it is important that your attorney focus on these 5 areas: - Use the preliminary hearing to obtain information to support pre-trial motions and trial defenses. If the arrest is without probable cause, the evidence obtained during the search can be suppressed.
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Suppression of evidence can weaken the prosecution's case to the point where several charges—or even the entire case—is dismissed. He gives her a few pills and tells her they are "maximum dose" aspirin he picked up at the drug store. Beth is charged with possession of marijuana, but the prosecution has no incriminating evidence other than Beth's proximity to the marijuana plant. 5 Ways a Criminal Defense Lawyer Can Fight Gun Charges in Pennsylvania. This is generally referred to as a challenge to the sufficiency of the evidence.
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For the Best Possible Outcome. Gun laws can be complicated, and understanding your charge is the first step toward getting the outcome you want from your case. He abandoned the property. Simply possessing a firearm without using it for a criminal purpose can result in a felony charge. On the other hand, the case of constructive possession is stronger against a driver who was alone in their own car at the time illegal drugs were discovered in the back seat. In addition, your attorney can use the opportunity to collect information about potential trial issues such as constructive and actual possession. Possession of prescription medication is not illegal so long as you have a valid prescription for it. The evidence from the lab is admitted at trial. The police see Sam asleep or passed out in a back alley and a crack pipe is lying within three feet of him. 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. What does it mean to be charged with constructive possession of drugs. A person may have possession of an illegal drug for an innocent reason. Specifically, the court should evaluate the following factors: - Fingerprints, DNA, or any other forensic evidence.
Defeating a Weapons Possession Charge. This is a relatively complicated and important aspect of criminal defense and what we do as lawyers. Prosecutors will also look for evidence that the defendant was using or distributing the drugs. How to beat a constructive possession of a firearm charge without. Whether it be for sport, security, or any other reason, it is important to understand that if stopped by law enforcement and a gun is found on an individual's person that they cannot lawfully possess in the state, the charges will be more than just a minor infraction.
More litigation is sure to follow. Your best bet is to stay away from things that are illegal. Knowledge of illegal drugs is an essential element of constructive possession.
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