QUESTION
Can a person be accused for firearm charge if another is arrested at home with three guns and the person’s fingerprints might be on the gun?
Asked on Sep 08th, 2012 on Criminal Law - California
13 ANSWERS
Transportation Attorney serving Mamaroneck, NY
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Palumbo & Associates, PC
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Yes.
Answered on May 28th, 2013 at 8:29 PM
Leonard A. Kaanta
Yes.
Answered on May 22nd, 2013 at 3:43 AM
Criminal Defense Attorney serving Pittsburgh, PA
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Law Office of Jeffrey L. Pollock
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It is conceivable that multiple people could possess/use/sell multiple firearms with or without print evidence.
Answered on Sep 16th, 2012 at 4:22 PM
POSSIBLY. WEAK CASE HOWEVER . . . UNLESS YOU CONFESS.
Answered on Sep 16th, 2012 at 4:21 PM
Criminal Law Attorney serving Fremont, CA
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Steven J. Alpers, A Professional Corporation
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Anyone can be arrested the question is if you can be convicted and you have not given me enough facts to even guess.
Answered on Sep 16th, 2012 at 4:21 PM
Wrongful Termination Attorney serving Huntington Beach, CA
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Nelson & Lawless
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Anything is possible. CAN they charge you? Of course. If they think they can convict you. If they arrest a person, they think they can convict them, and intend to do so. If you are questioned, arrested or charged with any crime, the proper questions are, can any evidence obtained in a test, search or statement be used against you, can you be convicted, and what can you do? A little free advice: exercise the 5th Amendment right to SHUT UP and do NOT talk to police or anyone about the case except with and through an attorney. Raise all appropriate defenses with whatever witnesses, evidence and sympathies are available for legal arguments, for evidence suppression or other motions, or for trial. If you don't know how to represent yourself effectively against an experienced prosecutor intending to convict, then hire an attorney who does, who will try to get a dismissal, charge reduction, diversion, program, or other decent outcome through motions, plea bargain, or take it to trial if appropriate.
Answered on Sep 16th, 2012 at 2:48 PM
Yes. It's about what they can prove.
Answered on Sep 16th, 2012 at 2:39 PM
Criminal Defense Attorney serving McKinleyville, CA
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Law Office M. C. Bruce
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What kind of firearm charge? It's not illegal to possess a firearm unless one is a convicted felon. If one is a convicted felon and one's fingerprints are on a gun and it can be proven that the fingerprints were placed on the gun after one was convicted of a felony. Well, you see how attenuated this gets.
Answered on Sep 16th, 2012 at 1:52 PM
Workers Compensation Law Attorney serving Sacramento, CA
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Ernest Krause Attorney at Law
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So what is the crime for touching a firearm. He/she is on parole or probation.
Answered on Sep 16th, 2012 at 1:22 PM
Michael J. Breczinski
That depends on the firearms charge and what it is. Just because someone has their fingerprints on a gun by itself does not mean anything. I would need a lot more facts to answer this question.
Answered on Sep 16th, 2012 at 1:14 PM
Gary Moore
It seems unlikely. Touching something does not mean that you possess it.
Answered on Sep 16th, 2012 at 1:12 PM
Criminal Defense Attorney serving Deltona, FL
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R. Jason de Groot, P.A.
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Yes. More facts needed here.
Answered on Sep 14th, 2012 at 11:47 PM
Possibly, it is a matter of possession or constructive possession, if you reside in the home and have the access to the firearms and the right or ability to exercise dominion and control over them you can be charged. If they were locked in a gun safe and you didn't know the combination different story.
Answered on Sep 14th, 2012 at 11:13 PM