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Zoey_ JD
Zoey_ JD, JustAnswer Criminal Law Mentor
Category: Criminal Law
Satisfied Customers: 27060
Experience:  Admitted to NYS Criminal defense bar in 1989. Extensive arraignment, hearing, trial experience.
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A man was in a mental health facility and discharged . Less

Customer Question

A man was in a mental health facility and discharged . Less than a month later was threatening suicided in text his wife wasn't sure if that was enough to get him 302 again so she did something stupid put his rifle in his vehicle without his knowledge . The woman he was having his affair withs husband begged his wife to do something anything to help him get his child away from her husband and his wife having sex in the same house . The wife who put the gun there thought the affair was over when she got the call and had been trying to keep the same man from suicide all day only to find out he was back with his mistress . After placing shot gun in his vehicle the other Woman's husband called 911 said I told him gun was missing so they would give him his daughter . I was told by officers they would keep the gun for safe keeping to take text to hsopital where he was threatening suicide again and have him 3o2 he was 3o2 based on text not the rifle . Husband fears jail time for having rifle and wife wants to know if she comes clean on what she did what kind of trouble will she be in ?
Submitted: 2 years ago.
Category: Criminal Law
Expert:  Zoey_ JD replied 2 years ago.
My name is ***** ***** I am an experienced criminal lawyer.
A person who has been involuntarily committed has no gun rights. His wife, however, does not lose her gun rights just because her husband lost his. It's the man who can potentially get in trouble for having a gun in the car and not the wife who put it there.
Was the husband kept beyond the 72 hour observation period the first time? Has the husband been charged with any crime? In what US state is this taking place?
Customer: replied 2 years ago.
He was in for two weeks first stay in may of this year
Customer: replied 2 years ago.
No crime ever
Customer: replied 2 years ago.
Wife wants to tell the truth for what she did out of hurt and his stay was a result of the gun it was the text but he says he can do jail time if she don't confess she put it there.
Customer: replied 2 years ago.
Wasn't not was my phone messed up
Customer: replied 2 years ago.
Taking place in pa
Expert:  Zoey_ JD replied 2 years ago.
He has not been charged with any crime. When it comes to the criminal justice system, one doesn't go stirring a pot that isn't even boiling. If he is charged with a crime, since wives will often lie for their husbands, the state can choose to go forward anyway and all that he will have done would be to give away his defense to the other side.
I suggest leaving this right where it is now, which is to say that nothing should be done. IF he gets charged with the offense, which could have already happened and didn't so may not, he will need a lawyer. At that point his wife could come forward to the defense lawyer and the lawyer will see to it that the information is revealed to the prosecutor at the time and in the manner that will be the most beneficial and provide the most damage control to both the man and his wife.
Confession may be good for the soul in most circumstances, but in the criminal justice system it most often results in an arrest. The potential defendant and any defense witnesses should NEVER volunteer to "come clean" with the police.

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