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Zoey_ JD
Zoey_ JD, JustAnswer Criminal Law Mentor
Category: Criminal Law
Satisfied Customers: 23575
Experience:  Admitted to NYS Criminal defense bar in 1989. Extensive arraignment, hearing, trial experience.
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I got charged with possession of a stolen firemarm. I live

Customer Question

I got charged with possession of a stolen firemarm. I live in louisiana. I bought it from a guy on a swap shop page on Facebook years ago and cannot find any contact info on the guy I bought it from. I have no prior and have never even been on probation. What kind of trouble will I be in ?
Submitted: 1 year ago.
Category: Criminal Law
Expert:  Zoey_ JD replied 1 year ago.

Hello,

Here is the statute under which you are charged. As you can see, it has a minimum of one year and a maximum possible penalty of 5 years of imprisonment, if this is your first felony offense. That said, in order to convict you of these charges, the DA would have to prove beyond a reasonable doubt that when you obtained this firearm you bought it under circumstances where you knew or should have known that the gun was stolen. That may be difficult under the circumstances for the state to prove.

You should retain a criminal lawyer to assist you with this case. The charge is a potentially serious one, so do not even think of trying to handle it without representation. If you can afford a lawyer, have him with you on your court date. If you can't afford one, plead not guilty when you are arraigned on these charges, so that you keep all of your rights open. Then let the judge know that you are without the funds to hire a private lawyer and ask him for a public defender.

The fact that you have never been in trouble with the law before is good. How you came by the gun in the first place is credible. Depending upon the circumstances under which the police found this gun, it's possible that if you wanted to resolve this without having to try the case, a DA may reduce the charges to something where you'd be eligible for probation.

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