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Dwayne B.
Dwayne B., Lawyer
Category: Criminal Law
Satisfied Customers: 33096
Experience:  Numerous criminal trials ranging from traffic to murder, practicing Criminal Law for 20+ years.
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My grandson picked up his brother (another grandson) and drove

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My grandson picked up his brother (another grandson) and drove him to a church band rehearsal. His brother left his backpack in my grandson's car when he dropped him off at the rehearsal. My grandson was stopped for not wearing a seatbelt and not stopping at a stop sign. During the stop, the police officer discovered that there was a bench warrant issued for my grandson for failing to appear on a not wearing a seatbelt ticket. The officer searched the car and looked through the backpack. There was a handgun (with the magazine in) and drug paraphinalia (but no drugs) in the backpack belonging to my other grandson. The grandson driving the car did not know that there was a gun and drug paraphinalia in the backpack. He has been charged with possession of a gun and drug paraphinalia. Was he "in possession" because the gun and paraphinalia were in the car or does he have a defense? Should my other grandson testify about the contents of his backpack or get a lawyer?
Get a lawyer. This should be a reasonably easy case to beat if the other grandson is willing to testify it was his stuff. However, that would subject him to a charge. The lawyer can explain how to use this all to his advantage.

He was not automatically in possession just because it was left in his car without his knowledge.

There may also be an issue as to the search.

Thank you for allowing me to assist you. As you know, we work on the honor system here and cannot always provide you answers that you like. I believe I have answered all of the questions you asked so I would request that you please click the ACCEPT button so I receive credit for my work and leave feedback if you have a chance. Please consider clicking "BONUS" as a nice way of saying "thanks" for a job well done, although this is neither required nor expected. I believe in giving information that is to the point, but please remember that I can only base our answers on the information you provide and sometimes a misunderstanding as to what you are looking for or already know occurs so feel free to ask additional questions or for clarifications. Be very careful about looking at other internet sites that just post generic information without any inquiry into your facts because often those answers are dated, wrong, or wrong as applied to your facts. Please be aware that my answer is not legal advice, it is merely information. You should always contact a local attorney for legal advice.

Several customers have asked how they direct a question to me in particular. If you specifically want me to provide information for you just put “FOR JD 1992” in the subject line and I will pick up the next time I am online.
Customer: replied 5 years ago.
What is the problem with the search?
The search has to be reasonable and within one of the allowed situations. One issue I can spot right off is that if he searched the backpack he could have just seized it and gotten a warrant. It's not necessarily a winner but it's possible.

Thank you for allowing me to assist you. As you know, we work on the honor system here and cannot always provide you answers that you like. I believe I have answered all of the questions you asked so I would request that you please click the ACCEPT button so I receive credit for my work and leave feedback if you have a chance. Please consider clicking "BONUS" as a nice way of saying "thanks" for a job well done, although this is neither required nor expected. I believe in giving information that is to the point, but please remember that I can only base our answers on the information you provide and sometimes a misunderstanding as to what you are looking for or already know occurs so feel free to ask additional questions or for clarifications. Be very careful about looking at other internet sites that just post generic information without any inquiry into your facts because often those answers are dated, wrong, or wrong as applied to your facts. Please be aware that my answer is not legal advice, it is merely information. You should always contact a local attorney for legal advice.

Several customers have asked how they direct a question to me in particular. If you specifically want me to provide information for you just put “FOR JD 1992” in the subject line and I will pick up the next time I am online.
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