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The officer answers "yes. " It is important to understand that there are different rules of evidence pertaining to a witness's character and credibility. If you or a family member was arrested for being in constructive possession of an illegal item, you should contact an experienced Philadelphia firearm possession attorney today.
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Possession Of A Firearm Charge
A break in the chain of custody occurred since the analyst was not present to explain what happened to the substance while it was in his possession. The Prosecution Must Prove the Substance Is Illegal to Possess. Possession of a firearm charge. Field tests are often inaccurate and routinely produce false positives. Going back to the example of a gun tucked between a car seat, a front-seat passenger and driver could both be construed as having constructive possession of such a weapon. Furthermore, evidence obtained as a result of further searches based on the information from an illegal search could be deemed illegal as well. Drugs are found in his backpack.
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Did not read you your Miranda warning at the time of your arrest. Defense lawyers in Fayetteville, Raeford and Pinehurst may refer to the offense of Possession of a Firearm by a Felon in shorthand as "Firearm by Felon" charges. It's important to have a team that will fight for you every step of the way. How to beat a constructive possession of a firearm charge is likely. He slapped the passenger to revive him. If your criminal defense attorney is ignoring reasonable suspicion and simply going right to probable cause he is pretty much cutting your probability of success at a pre-trial motion in half. Cross-examination of the lab tech who performed the tests can be critical.
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Even if the case against you isn't immediately dismissed, a dismissal of each of the charges against you can significantly reduce the penalties you are facing. The penalties and fines for drug possession vary depending on the state. •A record is maintained of who has access to the substance. 5 Ways a Criminal Defense Lawyer Can Fight Gun Charges in Pennsylvania. Others who want to get a permit to carry a firearm need to prove that carrying a gun is necessary for their safety. While character may or may not be an issue at a trial depending on if it is introduced during the course of a trial, the credibility of a witness is always an issue.
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In that case, the prosecution may still be able to obtain a conviction for drug possession if the prosecution can prove that you constructively possessed the drugs. David argues he borrowed the car and did not know the drugs were in the car. Typically, you'll need to participate in drug education and counseling, submit to drug testing, and remain drug-free for the duration of the program, which may last for a year or more. He can be reached at or at (866) 264-0142. Sufficiency of Evidence. Instead, the prosecution must also show that the defendant had the intent to control the drugs. This may also mean that your lawyer works with the judge to exchange a guilty plea for a lower sentence, such as community service in place of jail time. Charges of constructive possession may be dismissed if: - The gun was hidden by someone else on your property. To prove that the substance tested was the substance the defendant possessed, the prosecution must establish a chain of custody. A laboratory analysis is typically the only way for the prosecution to prove beyond a reasonable doubt that a substance is a controlled substance. Find a knowledgeable DUI attorney who is willing to educate and advocate through every step of the legal process. What does it mean to be charged with constructive possession of drugs. Search incident to arrest.
Depending on the situation, a juvenile accused of this offense may be ordered to confinement, counseling, or supervision. Call us today at 973-239-8000 or contact us online to schedule a free consultation. Simply possessing a firearm without using it for a criminal purpose can result in a felony charge. What is Constructive Possession in Pennsylvania?: Lloyd Long Law Firm. Constructive possession is more than the mere presence of a gun—it requires some kind of active participation on your part. The above listed information does not include the entire crimes code, annotations, amendments or any recent changes that may be relevant. Laws related to gun offenses and criminal gun charges in NJ. Prosecutors also must prove that the defendant knew or should have known that the drugs were in fact illegal.
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