QUESTION

I’m a felon who was unaware of a gun in a vehicle that was not mine and got charged. The owner to the gun has sent in an affidavit owning ownership

Asked on Jan 26th, 2024 on Criminal Law - Texas
More details to this question:
I was unaware of a firearm in the car I was riding in . After being pulled over and all of us exciting the truck I got hit with a gun charge even after the owner is owning up to the furearm
Report Abuse

1 ANSWER

Drug Crimes Attorney serving Houston, TX
Partner at LeGrande Law
2 Awards
The affidavit is good evidence to have. It is a strong affirmative link indicating him being in sole possession of the weapon. Possession means intentionally and knowingly having care, custody, control or management of the item. You can't accidently or unintentionally possess something. In situations where something like a weapon is found in an area of a vehicle that multiple people have access to, "affirmative links" are what the law considers, to determine whether either of the people (or both) were in legal possession. Affirmative links are things like who was driving the vehicle, who owned it, where the weapon was found, etc. The other party signing a sworn statement that it was theirs and theirs alone is also an affirmative link (in your favor).  But if your question is 'what do I do now?' Make sure your lawyer knows the law of possession real well. If he doesn't hire someone that does. Because if the DA can't be convinced to dismiss, the atrorney has to be able to fight your case at trial and win. 
Answered on Jan 27th, 2024 at 8:06 AM

Report Abuse

Ask a Lawyer

Consumers can use this platform to pose legal questions to real lawyers and receive free insights.

Participating legal professionals get the opportunity to speak directly with people who may need their services, as well as enhance their standing in the Lawyers.com community.

0 out of 150 characters