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JB Umphrey
JB Umphrey, Lawyer
Category: Criminal Law
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Experience:  Handling criminal and probation matters for over 14 years.
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i am a convicted felon, i was at my son and daughters house

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i am a convicted felon, i was at my son and daughters house one morning for breakfast and the sheriff dept. knocked at the door, came in confiscated 4 hunting rifles that were my sons and charged me with poss of firearm by felon. i dont know if it makes a difference but my house is the house next door. under north carolina law, this carries 4 years in prison, what can i expect out of all this.....thanks, gary
Submitted: 2 years ago.
Category: Criminal Law
Expert:  JB Umphrey replied 2 years ago.
Hi and thank you for using JustAnswer!

Please clarify: why was the sheriff department called out to your son/daughter's house?
Customer: replied 2 years ago.
well we live in the country and the day before my son and a few of his buddies were out back sighting in the hunting rifles, deer season had just opened and they were planning a hunting trip for the weekend. the excusse that they were there was because a neighbor had called in a complant of the shooting
Expert:  JB Umphrey replied 2 years ago.
Did the sheriff have permission to enter the house?
Customer: replied 2 years ago.

no, they came to the door, my daughter answered it, they asked for me and my daughter told them i wasnt there and shut the door, they knocked again she answered again, i went to the back of the house. they told her that they know i was in there and that they just needed to talk to me, so she came and got me and when i returned to the livingroom, he was in the house. he told me that he was out the because of the complant and know that i am a felon and asked to search the house, they thought this was my residence, i told them no at first and he said that he would have to secure the house to get a warrent and that we would have to leave. my daughter is preganate and it was rainning out so i just went ahead and let them search. no he didnt have permission to be in the house at first

Expert:  JB Umphrey replied 2 years ago.
Okay, but he was given permission to search, correct?
Customer: replied 2 years ago.
yes after he had already entered my house
Expert:  JB Umphrey replied 2 years ago.
If the sheriff had permission to search, then the search is legal.

In hindsight, no permission should have been given. No judge would have signed a warrant based upon the described facts.

If you haven't already, hire a local attorney to assist you and try to negotiate a favorable plea agreement with the prosecutor.

It has been my pleasure to assist you today with your information needs. If you have a follow-up question, please reply and ask it.

If you are satisfied that your question has been answered, kindly select the ACCEPT button to close this thread and so that I receive credit for assisting you today.
Customer: replied 2 years ago.
would he have not needed permission to enter the house the began with and wouldnt that not have voided anything that would have happened after that?
Expert:  JB Umphrey replied 2 years ago.
By giving him permission to search, that's also permission to be in the house.

If you would have refused him permission to search and if he had searched anyway (without a warrant) and found the guns, then the guns could have been excluded as being from an illegal search. However, because consent was given, the search is legal and the charge can stick.

If you are satisfied that your question has been answered, kindly select the ACCEPT button to close this thread and so that I receive credit for assisting you today.
JB Umphrey, Lawyer
Category: Criminal Law
Satisfied Customers: 20232
Experience: Handling criminal and probation matters for over 14 years.
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JB Umphrey
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