QUESTION
How can I be charged with having a firearm if it was discovered in the rear of a house I was outside of?
Asked on May 07th, 2013 on Criminal Law - Michigan
More details to this question:
I was arrested for having a firearm that officers recovered at the rear of a house I was outside of. They said as they were approaching me, I made a throwing motion they did not see anything leave my hand in broad daylight and when they walked through the houses they found a firearm.
10 ANSWERS
John J. Carney
The police will sometime say a suspect threw or dropped a gun or drugs. As defendants lie even more than the police, a criminal lawyer never knows who to believe, but juries almost always believe several police officers over a defendant, especially if he has a criminal record or does not come off well on the stand. Retain a good lawyer and do not try to lie or change the story, that will hurt your chances of getting the best disposition in the matter.
Answered on May 10th, 2013 at 10:53 AM
Steven D. Dunnings
Review your question and you will find your answer.
Answered on May 10th, 2013 at 3:17 AM
Litigation Attorney serving Jackson, MS
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Derek L. Hall, PLLC
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You can be arrested, but it doesn't mean you'll be convicted. There are not enough details in your version of the facts to fully analyze the case. The police appear to have been acting on the proximity principle. You were in the immediate proximity or vicinity of the firearm. Was the firearm stolen? How do they connect you to it? Are you a prior convicted felon, who is not supposed to be in possession of a weapon?
Answered on May 09th, 2013 at 2:40 PM
Criminal Defense Attorney serving Alhambra, CA
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Francis John Cowhig
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Possibly, depending on how credible the police officers are. The fact that the police officers found the weapon in the vicinity of the area where they said they saw you throw it will add credibility to their testimony. Since weapon charges are usually serious charges with potential jail sentences, I strongly suggest that you contact an experienced criminal defense attorney for a face-to-face consultation and give him/her all of the facts surrounding your situation. He/she would then be in a better position to analyze your case and advise you of your options.
Answered on May 09th, 2013 at 2:39 PM
Criminal Law Attorney serving Melrose Park, IL
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The Law Offices of Carlos H. Davalos
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Possession can be actual or constructive. Possession can also be proved by way of testimony with statements like those in your description of the events.
Answered on May 09th, 2013 at 2:39 PM
Litigation Attorney serving Charleston, SC
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The Falk Law Firm, LLC
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The police and prosecutor will argue that you were in constructive possession of the firearm. In order to show constructive possession the prosecutor need only show that you had dominion and control over the contraband or the premises where the contraband was located.
Answered on May 09th, 2013 at 2:37 PM
Geoffrey MacLaren Yaryan
Charging you is one thing, whether they can prove it is another matter. They would have to prove that the only reasonable explanation for the firearm being where they found it, is that you threw it there. This is a factual question, that would have to be determine by a judge, or jury. If there are other reasonable explanations that don't involve you regarding how the firearm was located where they found it, then you could not be found guilty of possessing it.
Answered on May 09th, 2013 at 2:37 PM
Divorce & Separation Attorney serving Jacksonville, NC
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The Houser Law Firm, P.C.
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What, are you surprised? Lot's of people get charged with things they didn't do, that's why we have a Court system. On the other hand, how do you know what the officers saw or didn't see. As to the charge itself, it is not illegal to have a firearm except under certain circumstances- such as, you are a felon or otherwise court ordered not to possess a firearm and/or the firearm itself was illegal eg. your average Joe citizen is not allowed to tool around town with a .50 cal strapped to the roof of their car.
Answered on May 09th, 2013 at 2:35 PM
Appellate Attorney serving Grosse Pointe Farms, MI
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Musilli Brennan Associates, PLLC
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As always, your can be charged, the real question is can your be convicted, get counsel!
Answered on May 09th, 2013 at 10:46 AM
James Edward Smith
It's kind of their word against yours.
Answered on May 09th, 2013 at 10:46 AM