QUESTION

Gun charge

Asked on Dec 02nd, 2019 on Criminal Law - New Jersey
More details to this question:
My son and his friends got pulled over with a gun in the car my son didnt know it was there but he later find out who gun it is what happens if he tells on his friends
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2 ANSWERS

Criminal Defense Attorney serving Toms River, NJ at Edward J. Dimon
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Your son must testify truthfully to avoid prosecution. He must work with the prosecutor. Where did this take place ? Please call asap to discuss. Ed Dimon, Esq. 732-797-1600
Answered on Dec 26th, 2019 at 5:50 AM

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The State must prove that the gun belonged to your son or at least that he was aware that it was in the car and was capable of exercising control over it--what the law calls "constructive possession."  You didn't say in your question where the gun was located in the car or whose car it was, but the more hidden the gun was, the more difficult it will be for the State to prove that your son knew it was there.  As for your son finding out later who the gun belonged to and informing the police, there are two issues: (1) Any statement by your son that the gun belonged to someone else in the car will sound self-serving and is not likely to be believed by the police unless there is something to corroborate it; and (2) It is not possible to predict whether your son might face possible retribution by the real gun owner if he implicates him.    
Answered on Dec 03rd, 2019 at 11:23 AM

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