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Zoey, JD
Zoey, JD, Attorney
Category: Legal
Satisfied Customers: 26454
Experience:  Active member of the NYS bar since 1989
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I am in Arkansas and a man picked me up and about four

Customer Question

I am in Arkansas and a man picked me up and about four blocks we were stopped by the local police. Two guns were found in the back floorboard. I am a felon what is my defense
JA: Since laws vary from place to place, what state is this in? And when did this happen?
Customer: Arkansas about four months ago
JA: Has anything been filed or reported?
Customer: Yes have been charged with felon in possession of a firearm
JA: Anything else you want the lawyer to know before I connect you?
Customer: no
Submitted: 7 months ago.
Category: Legal
Expert:  Zoey, JD replied 7 months ago.


I'm Zoey and I'll be assisting you. I'm reviewing your question now. Please be patient while I compose a reply for you.

Expert:  Zoey, JD replied 7 months ago.

You can be charged with this crime under the theory of constructive possession. If you were in the car, and the guns were also in the car, there's a presumption that you could have taken custody and control over them. That's sufficient to get you arrested because the standard for an arrest is low. The police only need probable cause -- a reasonable belief that you may have been involved in criminal activity. The presumption gives them that.

To convict you, the state needs to prove its case beyond a reasonable doubt, and that would be far more difficult to do if the guns were hidden under the floorboards of someone else's car, and you'd only been in that car for minutes. Addiitionally, I don't know why they stopped the car or what their basis was for the search, but you may have suppressions issues under the 4th Amendment and your lawyer can challenge the search when you go on to fight the case.

Which brings me to the fact that you should not go forward with this case without the benefit of an attorney. If you can afford an experienced criminal lawyer, you need to retain one. If you can't, when you plead not guilty to these charges at your arraignment, you can ask the court to appoint you a public defender.

Expert:  Zoey, JD replied 7 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.