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P. Simmons
P. Simmons, Attorney
Category: Legal
Satisfied Customers: 32771
Experience:  16 yrs. of trial experience
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Customer Question

If I found a gun on my way hme in an alley n took it because I thought it was cool n called 4 a ride home from a friend and on the way home the police tried to pull us over and I tried to throw the gun out the window but the window wouldn't go down so I asked the passenger to throw it out n he pushed it and my hand back and said he cant have nothing to do with that so I ran and dropped it but the police didnt see me but found the gun and are now trying to charge him with felony possession of a firearm because they found a partial print on it of his when he pushed it away....if I come forward and admit I had it and explain what happen would his charges be dropped and what would I be facing im not a felon...
Submitted: 3 years ago.
Category: Legal
Expert:  P. Simmons replied 3 years ago.
Thanks for the chance to help. I am an attorney with over 12 years experience. Hopefully I can help you with your legal question.

Most of what you describe is not, in and of itself criminal.

It is not a crime to pick up a gun from the street.

It is not a crime to carry it away after finding it.

It is not a crime to throw the gun out a window (other than perhaps littering)

It could be a crime to "run from the police"...that would depend on the circumstances. But if the police are attempting to detain you and you are running from them to prevent detention that would be a crime.

I will say the entire version you tell does not sound credible.

Not saying you are making it is just that there are several elements of your story that are each unlikely. When strung together it makes the entire story less likely. Again, I am not questioning your honesty. Heck, I do not even know you. But if I heard this from a client I would think that it sounded incredible.

So you may want to consider that before going to the police, since if they believe you are lying, they could charge you with lying to the police...and that would be a crime.

It may be better to work with your friends lawyer on this matter...and I would urge you to seek a local attorney as well, again to protect yourself. If you relate this tale, you open yourself up to charges of evading arrest at a minimum and perhaps also charges of lying to police.

If convicted of evading arrest, I would expect that it would be a misdemeanor conviction, with no priors I would expect probation

But if they charge lying to police it could be you face felony charges.

Customer: replied 3 years ago.

Ok reading what u have told me I am not lying but the reason I was walking threw the alley was because I was smoking weed and I noticed a lot of cops where driving around so 2 avoid them I took short cuts threw alleys the gun I found was next 2 a garbage I hide by when I walking threw an alley a cop drove past the end of the alley and wasnt sure if they noticed me so I hid and that when I seen the gun so that's when I called for a ride instead of walked and as far as running from the cops I was laying down 2 b honest because I was so high I was falling asleep when my friend yelled that the cops might try n pull us over because he was looking at them when he turned that's when I panicked n tried 2 get rid of it and since I was so close to my house I just ran the rest of the way home

Expert:  P. Simmons replied 3 years ago.
Thank you

That makes sense and sounds more reasonable. But it also underscores the need to contact a lawyer if you want to come forward.

If you go to the cops without a lawyer, they will grill you and attempt to develop a criminal case. You basically are setting yourself up for a conviction.

If you work with a lawyer, you can protect yourself, and help your friend

I would not settle for your friends lawyer...since they do not have your best interests at heart.

I would talk to your friend and see if he can help you find the money to pay a lawyer to help you through this processs.
Expert:  P. Simmons replied 3 years ago.
Wow...I now see you left a bad service rating. Not sure why...frankly, my answer was accurate. I could lie to you and tell you what you want to hear, but not sure that would do either of us any good.

What you describe you are admitting to a crime...that is, if you tell that story you are admitting to evading arrest which is a crime.