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Zoey_ JD
Zoey_ JD, JustAnswer Criminal Law Mentor
Category: Criminal Law
Satisfied Customers: 23570
Experience:  Admitted to NYS Criminal defense bar in 1989. Extensive arraignment, hearing, trial experience.
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I am a 44 year woman who lives in Louisiana. I have never

Customer Question

I am a 44 year woman who lives in Louisiana. I have never been in trouble with the law until recently. I am currently separated from my husband of 30 yea5s be AUSR he is physically abusive. Within the 0ast 4 months I met a man who I really care for, however, he has been arrested in the past for drug poss4ssion. He is an addict and he was in Drug Court her 7n the town we l8 e in within Louisiana. But he relapsed and got back on sr7gs a little over a month ago. He stopped going to drug court and he knew he's get some time for that. BAck on July 9, 2016, He and I traveled to a town 2 hours away because I'd bought a car there and we went to pick it up. I secretly brought a handgun because I usually carry one now for protection from my soon to be ex Husband. My boyfriend and I went to the town 2 hours away and got my new car . That night we stayed at a hotel in that same town. But the next morning my boyfriend woke me up early and he was acting totally crazy. He had found my gun and he did not threaten me with it or anything but he had obviously taken some drugs and he was just being crazy. He kept making a lot of noise going in and out of the room and caught the attention of someone that work at the hotel. That person saw the gun in his back pocket and call the police. I was in the bathroom using the bathroom for about 30 minutes and during that time I guess my boyfriend was throwing your clothes in my new car and his drugs too. When I came out of the bathroom the cops showed up they basically search my car and found drug and the gun. They arrested me for possession of schedule 2 drug one count and drug paraphernalia. But they arrested my boyfriend two counts of a ex felon having a gun and two counts of schedule 2 drugs. My bond was set at $5,000 which my Dad paid and I got out after one night and my boyfriend was $20,000 and he's still remaining in that jail two hours away. I have not yet gotten my court appointed attorney and I am considering getting a real attorney for my boyfriend because his charges are so much worse than mine and because he's been arrested before. My questions are this my question is this if I tell the lawyer or I sign an affidavit saying that the gun was mine and I brought it and that the drugs are not mine and if my boyfriend signs an affidavit saying that all the drugs were his but the gun was not will I get in any trouble for that? Will I get in trouble for having the gun and the drugs in my car even if we sign affidavits and I say that the gun was mine and if your up or not and he says the same? And will that do him any good? I'm very very concerned. Thank you
Submitted: 4 months ago.
Category: Criminal Law
Expert:  Zoey_ JD replied 4 months ago.

Hello,

It will not do your boyfriend any good to say that the gun was yours. He is a felon and cannot have anything to do with guns. The fact that the gun was seen on his person and found where you both were staying means that he was in a position to take custody and control over the gun. That's possession, even if he's not the owner of the weapon.

You can certainly talk to your lawyer once you get one and let him know the gun was yours. But he's not allowed to be where he can get his hands on it, regardless of who has the title to it. Admitting that the gun was yours wouldn't hurt you if it was not illegal for you to own it. But it definitely will not help him.

I'm sorry to be the bearer of bad news.

Expert:  Zoey_ JD replied 4 months ago.

Just checking in to see if you need more help or any clarification of my answer. If so, please reply here on this question thread.

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