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Zoey_ JD
Zoey_ JD, JustAnswer Criminal Law Mentor
Category: Criminal Law
Satisfied Customers: 23601
Experience:  Admitted to NYS Criminal defense bar in 1989. Extensive arraignment, hearing, trial experience.
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I have questions surrounding a criminal matter in NC. It is

Customer Question

Hi ***** *****. I have questions surrounding a criminal matter in NC. It is a federal case. Possession of firearm by felon.
JA: Thanks. Can you give me any more details about your issue?
Customer: Sure. My fiancé was at the home of, unfortunately a girlfriend, when a warrant was served on her home for suspected drug activity. He was held in the home the entire time even after providing ID and indications he was only a visitor. Police then called a K9 to free air sniff his vehicle which was parked on the street. They stated the dog alerted but there were no drugs found. There were two firearms in the vehicle which both belong to me and I provided documentation as such. He advised them they were mine however he is charged with illegal possession by felon. Constructive I would presume is what they'll try to prof but I'm trying to figure out how best to fight this.
JA: OK got it. Last thing — Criminal Lawyers generally expect a deposit of about $18 to help with your type of question (you only pay if satisfied). Now I'm going to take you to a page to place a secure deposit with JustAnswer. Don't worry, this chat is saved. After that, we will finish helping you.
Submitted: 9 months ago.
Category: Criminal Law
Expert:  Zoey_ JD replied 9 months ago.

Hello,

Thanks for requesting me.

Expert:  Zoey_ JD replied 9 months ago.

As I'm sure you know, as a felon, your fiance is not allowed anywhere near a firearm. Therefore, if he is in a situation where it may be possible for him to take custody and control over a firearm he can be charged with its construction possession. He can even be charged with it if he didn't know the gun was there, if it's reasonable for him to have known the gun was there and possible for him to take it into his custody and control.

Whether he can be convicted of this can be another story. It's not good enough that the firearms where yours. If he was driving the car, had the keys to the car and access to the trunk where the guns were, it doesn't matter whose guns were there. It's possible for a conviction.

If he was charged Federally, to defend against this he'd need a Federal lawyer. He'd be entitled as part of fighting this case to challenge the legitimacy of the search of the vehicle with a view to getting the evidence suppressed. Obviously, if the guns were suppressed there would be no case, because without the contraband the possession charge would fall.

If he loses the hearing, then it's the state's burden to try to prove beyond a reasonable doubt that he knew the guns were in the trunk and was capable of taking physical custody and control over them.

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