QUESTION

My boyfriend and I were both charged with possession of a firearm by convicted felon. They had no search warrant and it was not in our possession.

Asked on Sep 11th, 2020 on Criminal Law - Florida
More details to this question:
We had a bust and no search warrant was presented to us. They sent us off to jail and then came in and charged us both with possession of firearm by convicted felon. They didn't find anything else, just this gun.
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1 ANSWER

Criminal Law Attorney serving Bartow, FL
1 Award
Since you were arrested and in jail, I assume you either bonded out immediately or went to a First Appearance Hearing (FAH).  If you went to a FAH, the judge should have asked whether you had, or wanted, an attorney.  Hopefully, you said "yes" to one of those questions.  If so, I assume you have either a court-appointed attorney or are in the process of retaining a private attorney to represent you.  That attorney should review the arrest and search procedure that was used in your case. There are too many factors that could influence what law enforcement had the right to do.  (So there is insufficient information, without seeing the various police reports, to know whether there was an illegal search -- or what defenses you may have.  Consequently, you need to set an appointment to discuss this with your attorney, who can request "Discovery" (which should include police reports).  In the meantime, remember you have the right to remain silent.  That means you do not have to talk about what happened with anyone.  So I would suggest that you not discuss the facts of this case with ANYONE (not even family members) until you meet and discuss it with your attorney.  Your attorney can then advise your further as to your right to remain silent and whether to exercise it further.      
Answered on Sep 15th, 2020 at 6:42 AM

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