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I had a past felony charge 13 years ago for a non violent crime…

I had a past felony...

I had a past felony charge 13 years ago for a non violent crime possession of less than 1 gram of cocaine. I was arrested for criminal possession of a fire arm, these were my friends guns i kept in a safe at my home. I had a renter attendant in my home who I gave an eviction notice to and the next day he called the police and told them I threatend to shoot him, and he also placed pot in the house and the cops went right to it and asked me to open the safe, which i did, they took the guns and then charged me with criminal possession of fire arms, am I looking at prison time?

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10/21/2010

Criminal Lawyer: P. Simmons, Lawyer replied 9 years ago

P. Simmons, Lawyer

Category: Criminal Law

Satisfied Customers: 42,413

Experience: 16 yrs. of experience including criminal law.

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Thanks for the chance to assist on this matter. I am an attorney with over 12 years experience in criminal law.

Aside from the felony conviction 13 years back, any other convictions? If so for what?

How much pot? Are they charging intent to distribute?

Customer reply replied 9 years ago

Less than a quarter ounce, no other convictions

Criminal Lawyer: P. Simmons, Lawyer replied 9 years ago

Anything else? Paraphernalia? Scales? Have you received the charges yet? IF so what are the charges?

Customer reply replied 9 years ago

They found an empty pack of rolling papers,they did charge me for that, attemt to sell and cultivation because the pot they went right to was on a stem right were the tenent told them it was. they charged me with criminal possession of a hand gun it was a black powder replica, attempt to sell. and the rifles that were unloaded in a locked safe that I opened for them because the said it smelled like pot and they found a tiny bud in a shirt pocket in my closet with 100 shirts and they went right to that shirt as well it was planted by the tennent

Criminal Lawyer: P. Simmons, Lawyer replied 9 years ago

Yea, that is typicall...they will "charge you with everything they can"...but they will deal on the case.

Have you had your arraignment yet?

And do they have evidence of cultivation or attempt to sell?

Customer reply replied 9 years ago

No evidence of cultivation or attemt to sell I have not had my arraighnment yet and have 2 whitnesses see the cop go to the stem behind a speaker where it was planted.They had no warrent I voluntary let them in and they went right to the pot. The tennent has a rap sheet a mile long and will not be able to be found by the state because he is a free loader.

Criminal Lawyer: P. Simmons, Lawyer replied 9 years ago

Thanks

OK, the good news is that with no evidence of cultivation or distribution, they will not be able to prove...they can charge (and they have) but I suspect they will drop them when you negotiate a plea. That is good. With your prior drug felony, the last thing you need are more drug felony charges.

1/4 oz is not a felony.

The gun charges are a concern...and the fact your were storing for a friend or friends will not excuse the crime. It may "mitigate"...the crime...make it so the punishment is reduced...but it will not be a defense.

The real issue here is the CT law that has a minimum 2 year sentence that can not be waived by the judge...so if your tagged with the possession your looking at 2 years. On each count.

Now, there is always room to bargain...95% of all cases plea bargain. SO it may be you can plea to a lesser charge. But I would try and find a good lawyer to assist you with this...since CT law treats firearm possession by a felon very strictly.

As for the lack of warrant...that will not likey matter if you gave permission...if you agreed to let them search the home they would not need a warrant.

Let me know if you have more questions

Customer reply replied 9 years ago

I want to know if a black powder pistol is concidered a fire arm. the friend had one of the guns in the safe was regesterd in his name the other 3 were to old to be he was selling his house and asked me to hold onto them wile he was letting people show the house and the house is sold

Criminal Lawyer: P. Simmons, Lawyer replied 9 years ago

Depends

If its fires a projectile, then its a "firearm" for the purpose of the CT law that prohibits felons from owning firearms.

Under CT law, a "firearm" is any sawed-off shotgun, machine gun, rifle, shotgun, pistol, revolver or other weapon, whether loaded or unloaded from which a shot may be discharged. You must find that the firearm was operable at the time of the offense. CT General Statutes § 53a-3 (19). The definition of "deadly weapon" in § 53a-3 (6) and the definition of "firearm" in § 53a-3 (19) have overlapping definitions. A deadly weapon is, in part, any weapon, whether loaded or unloaded, from which a shot may be discharged. A firearm is any of 6 enumerated weapons, plus "any other weapon," whether loaded or unloaded, from which a shot may be discharged. I.e., all firearms would fit the definition of a deadly weapon, and some deadly weapons would fit the definition of a firearm. Whether a particular weapon would reasonably come within one of these definitions is to be made on a case-by-case basis. See State v. Grant, 294 Conn. 151, 159-61 (2009) (BB gun could come within definition of firearm); State v. Hart, 118 Conn. App. 763, 776 (2009) (pellet gun could be a deadly weapon, a dangerous instrument, or a firearm).

Customer reply replied 9 years ago

psimmons Can I get a passport for my past feleny of possession of cocain.

Criminal Lawyer: P. Simmons, Lawyer replied 9 years ago

That would not prevent your getting a passport. Depending on where you want to travel to it could be an issue...but that would be up to the state you want to travel to if they will issue a visa or not.

P. Simmons, Lawyer

Category: Criminal Law

Satisfied Customers: 42,413

Experience: 16 yrs. of experience including criminal law.

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