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Roger
Roger, Lawyer
Category: Criminal Law
Satisfied Customers: 31018
Experience:  BV Rated by Martindale-Hubbell; SuperLawyer rating by Thompson-Reuters
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My husband was arrested on Fed 9th and charged with possesion

Customer Question

My husband was arrested on Fed 9th and charged with possesion of a firearm by a felon. The situation is he was driving in my truck and got pulled over and searched by the police. the gun they are trying to charge my husband with his mine. I have all the paperwork showing it was registered in my name and bought my me. What is it that I can do to help my husband beat this charge.
Submitted: 5 years ago.
Category: Criminal Law
Expert:  Roger replied 5 years ago.

Hi - my name is Kirk and I'm a Criminal Law litigation attorney here to assist you.

 

It doesn't matter whose gun this is, or that it wasn't his, because there's no way he could have a gun registered in his name (since he's a convicted felon).

 

He can certainly explain that the gun was in the car and he didn't know it, and that may help soften the punishment he's looking at, but this isn't going to get him out of trouble.

 

 

Customer: replied 5 years ago.
Well he did not know that the gun was in the vehicle because i purchased the gun 2 days before his arrest. So how do I make that known?
Expert:  Roger replied 5 years ago.

This is going to be tough to prove, especially if the gun was in plain sight of the officer or easily discovered. If it was easy for the officer to find it, it should have been equally as easy for him to find it.

 

Your husband's better argument may be that the search was illegal/without probable cause. If he can prove that the search was not legal, the discovery of the gun would be a discovery from the illegal search, which would be inadmissible as evidence.

 

That's a much better angle to take because it's going to be hard to convince the judge that he didn't know it was in there.

Customer: replied 5 years ago.
now it was under my seat so it was not in plain view. Now the reason why the police said he was pulled over was because of speeding but the officer did not check is license or registration he just told him to get out of the car. Would that be considered unlawful?
Expert:  Roger replied 5 years ago.
Just because you're pulled over doesn't mean that a search of your vehicle is legal. There has to be some reason for the officer to inspect the vehicle. If there was no reason, and he didn't consent, I think that's your best argument.