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Zoey_ JD
Zoey_ JD, JustAnswer Criminal Law Mentor
Category: Criminal Law
Satisfied Customers: 23554
Experience:  Admitted to NYS Criminal defense bar in 1989. Extensive arraignment, hearing, trial experience.
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If some one is ib jail of a firearm and he didnt know it was

Customer Question

If some one is ib jail for pissesion of a firearm and he didnt know it was in the house but because hes prison priors they charged him with it.so he took it to trial but was found guilty and is going up for sentencing in a few days what would happen if the person who the gun belonged to is willing to come forward and claim the gun can it stop him from being found guilty
Submitted: 11 months ago.
Category: Criminal Law
Expert:  Zoey_ JD replied 11 months ago.

Hello,

It doesn't have to be your gun for you to be charged with or found guilty of being a felon in possession of a firearm. You don't even have to be caught touching that gun.

There just has to be a gun in a place where you are, under circumstances where you would be reasonably able to take that weapon in hand and have custody and control over it. The jury apparently believed that the defendant knew a gun was in the house and that he could have had access to it. That's why they convicted.

So I don't think the ownership of the gun would make any difference. However, I did not attend your trial and don't know all the information about the case. He should, however, contact the attorney who tried his case, if he thinks he has new evidence, so that the lawyer can follow up on that and determine whether it's worth filing a motion with the judge to vacate his conviction or appealing it on the basis of new evidence.

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