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I am a felon that is currently on probation. I was currently

 
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Customer Question

I am a felon that is currently on probation. I was currently pulled over for no front license plate, earlier that day I had discovered that my girlfriend had left her gun in my car and I was on the way to take it to her. I told the police it was there but didn't give them permission to search my car. They took me to jail, she signed an affidavit saying she put it there without my knowledge. Is that grounds to get a dismissal?

 

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State/Country of Question: Texas

Already Tried:
nothing just got out on bond

Submitted: 1024 days and 13 hours ago.
Category: Legal
Value: $18
Status: CLOSED

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Expert:  FranL replied 1024 days and 13 hours ago.

No, this would not be grounds for dismissal. As a felon you are not allowed to own, carry or transport any weapon. Your girlfriend may have put it in your vehicle without your knowledge, but you knew it was there when you got in your car and you said as much to the police. That gave the police probable cause to arrest you for the weapon's possession.

If you go to trial you may be able to establish temporary lawful possession if a jury believes that you were on your way to take the gun back to your girlfriend when you got stopped by the police. You do have a signed statement that the gun was placed in your car without your knowledge. And there may even be constitutional issues about the statement you gave to the police telling them about the gun and their subsequent search without your permission which could be explored in a pre-trial hearing where, if your lawyer was successful at the hearing, the gun could be supressed

But that's way down the road. Meanwhile, you will have to fight the charge, as I don't see a dismissal under these fact patterns.

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If I've helped, please click the green Accept button so I can get credit for my work.

This thread will not close and you can always use it to get clarification.This is informational only and is NOT legal advice.

Expert TypeAttorney
Pos. Feedback: 99.6 %
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Answered: 8/1/2009

Experience: 18 years of NYC criminal litigation experience.

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