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What Is Constructive Possession Of A Firearm
David Courie, Criminal Defense Attorney Hoke County NC. Example: George is arrested for possession of cocaine. However, the defendant's mere ownership of the vehicle or police finding paperwork connecting a defendant to a house do not automatically establish constructive possession because the passenger could have brought the gun into the car and tried to hide it when the police pulled the vehicle over. Field tests and the officer's observations are insufficient to prove beyond a reasonable doubt that a substance is illegal. Most people with a felony record know to avoid being anywhere near a firearm. "Mr. Divelbiss and I worked in the same office, although we were at different law firms. If your attorney has concerns about the calibration of the machine, the process used, or the credentials of the expert, you can hire a chemist.
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When a significant break occurs, the court can keep the test results from the jury. First, prosecutors must show that the defendant knew about the drugs. And when you have demonstrated to your opponent in a personal injury matter, that you are prepared to go to trial and you are prepared to go to verdict, then your settlements are far better than they are otherwise. We know how to fight for your rights, and we'll help you get the best outcome possible. 29 S Walnut St. West Chester, PA 19382. Laws related to the purchase and ownership of firearms in New Jersey. Possession of prescription medication is not illegal so long as you have a valid prescription for it.
How To Beat A Constructive Possession Of A Firearm Charge
Questioning Lab Technician's Credentials. Motion to Suppress & Constructive Possession. The exclusive occupancy inference is that a person presumably has dominion and control over drugs found in their private and unshared home, car, storage unit, or other space. But the police never saw him engage in a handoff or other suspicious activity before arresting him. Further, even if the ammunition is not accessible or ready to be loaded into the firearm, the law will still consider the weapon to be loaded, which could result in even harsher charges and punishment. This is not an exhaustive list; there are other factors the court may examine to determine the owner of illegal contraband. Weaken Eyewitness Credibility. How to Beat a Constructive Possession Charge. In addition, the government must show that the defendant had both the intent and the power to control the contraband.
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If the judge does not dismiss the case against Sam, Sam's attorney can drive home the point the prosecution has to prove its case beyond a reasonable doubt in the closing argument. 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. 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. In Sam's case, the defense attorney may ask the police whether other people enter the back ally. Alternatively, physical possession means that the illegal object you were arrested with was physically in your possession. 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. This means that there are cases in which illegal drugs and guns are found in cars or houses and it is simply not possible for the government to prove to whom those items belonged. Our Supreme Court determined the officers violated Hicks' right to be free from unreasonable searches and seizures under the Fourth Amendment of the United States Constitution, and Article I, Section 8 of the Pennsylvania Constitution.
Questioning Testing Procedures. The evidence is admitted for the jury's consideration. J. S. "I hired Zachary after I found myself charged with a felony. Although a defense attorney may not explicitly make this argument, jurors are aware of a police officer's lapse in professionalism, and they often resent it. 24/7 Customer Service. When a juvenile commits an offense that would be considered a crime for an adult, that person can be adjudged a juvenile delinquent.
A person may have possession of an illegal drug for an innocent reason. By contrast, constructive possession implies that one or more persons had dominion or control over an item. The degree to which the contraband was visible will also be relevant, and a court will also likely consider whether the prosecution can connect the defendant to the area from which the drug or gun was recovered by police. Constructive possession means that a weapon was found in an area close enough to you to be under your immediate control instead of you having it on your person. At Nate Amendola Defense, we regularly help clients defeat weapons charges, violent crimes, and resolve criminal cases with the best possible outcome. From figuring out potential prison time to working with your lawyer to understand their strategy, it takes some work to make your way from arraignment to the end of your trial. There are two types of gun charges in New Jersey: laws pertaining to the legal purchase and ownership of firearms and gun offenses and criminal gun charges. •The laboratory receives the sealed container and a lab analyst opens it.
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