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Dedicated To Criminal Defense. In addition, your attorney can use the opportunity to collect information about potential trial issues such as constructive and actual possession. As long as the weapon is considered to be within your domain — whether it be in your car or house — you would legally be considered in possession of a firearm, commonly referred to as constructive possession. How to beat a constructive possession of a firearm charge against. The prosecution cannot use evidence gained by violating the law.
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B. Warrantless Searches. When the police are in a place where they are entitled to be, they can seize evidence that is in plain view. Even though laboratory analysis is required to get a conviction at a trial, some courts will accept a guilty plea based on field test results. Police are not permitted to search a vehicle during a traffic stop simply. Even if a person is totally sincere and has a reasonable purpose for possessing a firearm while passing through the state, they could face a felony and incarceration for the possession/transportation of their firearm. How to beat a constructive possession of a firearm charge is required. Whether law enforcement observed the defendant attempting to hide contraband. NY Penal Law defines a "loaded firearm" as any firearm that either has ammunition in the chamber or cartridge, or "any firearm which is possessed by one who, at the same time, possesses a quantity of ammunition which may be used to discharge such firearm. "
Therefore, the mandatory minimum sentence, pursuant to 841(a)(1), did not apply. •The police bring a drug-sniffing dog up to the window of a house and the dog alerts. 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. NY defines a "rifle" as a weapon intended to be fired from the shoulder which uses the energy of an explosive in a fixed metallic cartridge to fire only a single projectile through a rifled bore for each single pull of the trigger. 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. How To Beat A Gun Charge In PA. Example:Betty has a bad headache. If you need a DUI attorney in Arizona, Look for an experienced criminal defense law firm that can dedicate all of their time and resources to helping clients with criminal charges.
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Prosecutors will also look for evidence that the defendant was using or distributing the drugs. Find The Right Phoenix, AZ DUI Attorney For Your Case. Jurors may think the pipe probably did belong to Sam. 6109), police made observations of intoxication and arrested him for driving under the influence. However, there are certain exceptions to the search warrant requirement that police can use to conduct warrantless searches. Motion to Suppress & Constructive Possession. Proof of Dominion and Control. Actual possession means the person has predominant access to a weapon. For example, if you hide drugs in your shoe and it is discovered when you are arrested, this is considered physical possession. The prosecution must prove a variety of factors to show that a defendant was in constructive possession of illegal contraband. Pennsylvania and United States law make the possession of all sorts of substances and objects illegal.
Although the jurors may not truly doubt the substance that was tested was indeed the same substance that was seized in the car, the jurors are unhappy with Officer Jones's lack of professionalism. The defense attorney may ask the officers if they monitored the area before Sam was found to establish a crack pipe was not already on the pavement. But she agreed only because she was intimidated or tricked. Laws related to gun offenses and criminal gun charges in NJ. Constructive Possession Definition. For example, if the police relied on a confidential informant to charge you with a gun crime, your lawyer can file a motion demanding the prosecutor to produce the CI. Knowledge of illegal drugs is an essential element of constructive possession. The prosecution must prove beyond a reasonable doubt that the defendant possessed a controlled substance. State courts from different states may reach different results on similar facts. 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. In most cases, a person is allowed an exception to New York's weapons possession rules. 23+ Years of Trial Experience. 8650 N. How To Beat A Gun Charge In NJ | Breslow Law. 35th Ave. Suite 110, Phoenix, AZ 85018. Evidence obtained as a result of an illegal search cannot be used in the trial, however, whether the evidence is illegal or not is determined by a judge after arguments from both you and the prosecuting attorney.
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We understand that your future is at risk and our team will work diligently to develop an unwavering defense in court. He tells her it's a birthday gift for the brother. The state has a wide variety of gun laws, and the average person may not be aware of the full extent of firearm legislation. An automobile that is readily mobile may be searched without a warrant if there is probable cause to believe the vehicle contains contraband or evidence of a crime. Performed an unlawful search of your vehicle. How to beat a constructive possession of a firearm chargé d'études. The real lesson in this case though is how, in some instances, law enforcement officers can display a complete lack of professionalism and fail to follow proper protocol. Your adversary needs to know that particularly in a personal injury matter because insurance companies do not like to settle their cases for anything more than they absolutely have to. 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 cocaine was in the console between the driver and the passenger.
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. North Carolina has strict rules regarding convicted felons being in possession of a firearm. All of these issues can create reasonable doubt in the eyes of a judge or jury which can result in an acquittal (not guilty). In addition, your attorney also wants point out other persons who also had access to the property. The New York court ruled a person could have a legal excuse for possessing illegal drugs. There are two aspects of "knowingly. Actual possession occurs if a gun is found on you, discovered in your home, or witnesses are saying they saw you with a firearm. It contained heroin. If you can show that the illegal contraband was under another person's control and that you do not have control over that individual, this can be a proper defense. The officer sees the pills in plain sight in her car and arrests her for possession. In these situations, it is critical to understand that evidence obtained in violation of the Fourth Amendment can be subsequently held out of a court of law. Joel says, "I have something for that. "
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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. 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. The pills are Percoset. Challenge the Consent of a Search. Some gun crimes in New Jersey do not fall into any of the four felony categories. 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. He placed himself in legal jeopardy to save someone else. Our criminal lawyers excel at cross examining police witnesses in preliminary hearings, pre-trial motions to suppress, and at trial, and we will use our skills to fight allegations of constructive possession. Therefore, the judge may dismiss the charges without the case going to the jury. A New York court reached a similar conclusion when a bar's bouncer was arrested for possession of 14 packets of cocaine that he confiscated from a patron who was entering the v. EC, 195 Misc. 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. This evidence is frequently relied upon by prosecutors at a trial.
The judge may decide to suppress the test results if the technician lacked the appropriate education and training or failed to have the correct certification. Gun felonies in this category are punishable by 3 to 5 years in prison. What are the elements of constructive possession? New York State defines a "firearm" as: The length of a shotgun or rifle barrel is measured using the distance between the muzzle and the face or the bolt, breech, or breech lock. Beth is charged with possession of marijuana, but the prosecution has no incriminating evidence other than Beth's proximity to the marijuana plant. The police will probably answer no. The most common defense to a constructive possession charge is to argue that the prosecutor didn't prove their evidentiary burden beyond a reasonable doubt. The officer retrieves the wrapper and finds a trace amount of a white powder rolled up in the wrapper.
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When you get your permit for your firearm, the state has your information—much like the registration process in other states. Even if your lawyer does not file a motion with the district attorney to discover who provided the information that led to your arrest, there are various other ways to challenge and attack the credibility of people who provided testimony that led to your arrest. 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. On the other hand, in another case, the defendant possessed 2. That means you can be charged with a drug possession crime even if you don't have any drugs on you. I thank him a million times to protect my dignity and reputation. For example, one court ruled a trace amount of cocaine found in the defendant's pants pockets was so small that there was insufficient evidence to convict him.
This may mean that you'll be required to provide the police or the court with information related to your case or another case. Knowledge that the Substance Is a Controlled Substance. Attack a prosecution theory based on constructive possession at trial.