5 EFFECTIVE STRATEGIES FOR DEFENDING A DRUG POSSESSION CHARGE. D. Disputing Possession. Drugs are found in his backpack. Our team of criminal defense attorneys at Tully Rinckey has experience in assisting clients with their firearm and Second Amendment-related matters and can inform and uphold your rights should you be alleged to be in criminal possession of a weapon. "Attorney Divelbiss is bright, hard-working, and well-versed in criminal law. How To Beat A Gun Charge In PA. Regardless of whether they are carrying it openly or covertly, a person cannot possess a firearm in the state of New York unless they have the necessary licenses and permits. Payment Plans Available. Whether you are walking into a preliminary hearing room, or you are preparing for trial. A first degree misdemeanor carries a maximum sentence of five years in prison and $10, 000 in criminal fines. First, at the least, it will raise a doubt in the juror's minds concerning who owned the marijuana plant in the window.
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An attorney's detailed understanding of the law and the defendant's rights allows him/her to draw a path to having charges reduced, charges dismissed, or receiving a not guilty verdict at trial. Florida v. Jardines, 569 U. Most people understand that gun or firearm charges are extremely serious and these crimes can result in felony convictions. If I am watching television in my living room and my friend puts his bong on the table, then I cannot necessarily be convicted of drug paraphernalia just because my friend left the bong there. You thought the gun was not a real firearm or a non-working firearm. 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. How to beat a constructive possession of a firearm charge for a. Have you been involved in DUI?
With over 30 years of criminal defense experience, Peter has handled thousands of criminal cases, including violations, misdemeanors, felonies, and appeals. Call us today at 973-239-8000 or contact us online to schedule a free consultation. Often a police officer conducts a field test with a portable testing kit to determine if a substance is illegal. The second defense is to disprove possession.
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Just as you cannot assume policies regarding the chain of custody were followed, you cannot assume proper laboratory procedures were followed to determine if a substance is a controlled substance. How to beat a constructive possession of a firearm charge is a. However, statements that the technician "assumed" that the equipment was properly maintained may again chip away at the prosecution's credibility and professionalism. Unfortunately, law enforcement sometimes acts in a way that violates the Fourth Amendment. Use the preliminary hearing to obtain information to support pre-trial motions and trial defenses. Seldom does anyone live so isolated from other people.
Part of what we do as defense lawyers is explain the possible best-case and worst-case scenarios. How To Beat A Gun Charge In NJ | Breslow Law. The neighbor called the police and an officer found the bandanna in the field. For example, if you hide drugs in your shoe and it is discovered when you are arrested, this is considered physical possession. It helps us establish how the accident actually occurred. There is no risk in your attorney arguing reasonable suspicion if he plans on arguing lack of probable cause anyway.
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The question of whether or not a firearm is loaded can make a difference in determining the severity of a weapons possession charge in New York State. The police order him out of the car and pat him down for "the officer's safety" finding a small quantity of drugs in his pocket. We will be able to evaluate whether constructive possession could be a defense to your charges. In addition to knowledge, prosecutors must show dominion and control over the drugs when ownership can't be proven by actual possession. Email or call 888-883-5529 for a free consultation about your case. 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. The Constitution guarantees a defendant the right to confront his or her accusers at trial. Even if the driver gives consent for the vehicle search, the evidence may be thrown out in court if it's proven that the police did not have reasonable cause to search the vehicle. This is a relatively complicated and important aspect of criminal defense and what we do as lawyers. The gun was found in your vehicle, but you didn't know it was there. The California court ruled that Andy only held the drug long enough to dispose of it and that did not constitute illegal possession of the heroin. What is Constructive Possession in Pennsylvania?: Lloyd Long Law Firm. 4 Ways to beat a gun charge in New Jersey. At the close of the prosecution's case, the defense attorney would then ask the judge to dismiss the charges.
When it is time to vote guilty or not guilty, the jurors may be swayed by the unprofessionalism of the police. The police were called to the scene and blocked Hicks' car from leaving the convenience store parking lot. 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. Felony sentencing in North Carolina is complicated and can be very confusing to people unfamiliar with the system, such as family members of the accused. Facing a New Jersey weapons charge? 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. Constructive possession of drugs is not as easy for a prosecutor to prove as an actual possession charge. Lab technicians who are under pressure to process a large number of samples make honest mistakes. The driver is cooperative, his license and registration are in order, and he is not wanted for any crime. How to beat a constructive possession of a firearm charge is likely. He was concerned the passenger had overdosed and was losing consciousness. The regulations governing the possession of weapons are laid forth in Section 265 of the New York State Penal Code, which also goes into great length to describe the many sorts of weapons that are covered by this legislation. The officer answers "yes. "
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The definition of an "assault weapon" under NY law is too lengthy to reproduce, but interested parties can find it here. If this is your situation, keep your goal in mind. Whether you've just been charged, are waiting for your arraignment, or already have your court date scheduled, we know the ins and outs of firearm law in New Jersey, and we're here to help. C. The Prosecution Must Establish a Chain of Custody. 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. Prosecutors also must prove that the defendant knew or should have known that the drugs were in fact illegal.
Reasonable suspicion must be more than a hunch or a guess that criminal activity is occurring and must be based on "articulable facts" based on a police officers' training or experience. The defense does not have to accept the lab results without a fight. Beth was sitting in a chair close to the window. Many types of firearms are illegal in the state of NJ, including assault rifles. While having weapons in a home can be sufficient reason to arrest everyone on the premises, it is not always enough to convict all those present at the time the weapon was uncovered.
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The process may reveal that the substance was tested several times until a positive result was obtained. However, constructive possession, unlike physical possession, can be difficult to explain and for jurors to understand. These are defined as being "any unloaded muzzle loading pistol or revolver with a matchlock, flintlock, percussion cap, or similar type of ignition system, or a pistol or revolver which uses fixed cartridges which are no longer available in the ordinary channels of commercial trade. If the police officer requesting the warrant falsified information or made assumptions about what they were likely to find, it's possible that the warrant could be thrown out in court. He testifies that his desk was locked and no one had access to the interior of his desk. However, it is possible to be arrested for this offense, and the penalties for being convicted for possession of drugs or guns can be severe. 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. Chipping away at the lab technician's credibility may not keep the evidence out but still may create a negative impression of the prosecution's case in a juror's mind. This could result in the case being thrown out altogether.
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. 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. Reasonable suspicion is a lower form of probable cause and a court can't move to a probable cause analysis unless there is reasonable suspicion for the stop of an individual or a car. The Prosecution Must Prove the Substance Is Illegal to Possess. So, he arrested Ann. The Pennsylvania Supreme Court (SCOPA), in November 2019, also decided an important Fifth Amendment matter, as it relates to computer passwords and other digital devices. Reviewing all those documents helps us establish who's at fault for your injury.
For example, if a defendant is discovered with a large amount of heroin, this can result in a lengthy prison sentence if convicted. This evidence is frequently relied upon by prosecutors at a trial. Consent must be given freely and voluntarily. Don't wait until things get bad to reach out to a lawyer. The prosecution must prove beyond a reasonable doubt that the defendant possessed a controlled substance. In addition, the statute requires that the weapon be loaded with a shot that is readily capable of producing death or other serious injuries.
Consequently, the trace amount was insufficient to prove the defendant knew he had possession of cocaine. While these penalties range depending on what type and where the possession took place, any sort of criminal conviction regarding firearms can have a long-lasting impact on your life, so it is important to think hard before making any statements to law enforcement or allowing them to search your person or vehicle.