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CrimDefense, CriminalDefenseAtty
Category: Criminal Law
Satisfied Customers: 28319
Experience:  10+ years defending Misdemeanor and Felony cases.
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My husband got arrested with a gun in s truck and he had no

Customer Question

My husband got arrested with a gun in his truck and he had no knowledge of it being in there it was his friend that was riding with him and they're charging my husband with the possession of the gun. And the guy in the truck admitted that it was his gun they're both getting charged with it my question is should the guy sign an affidavit stating the fact again that it was his gun and my husband didn't know it was in there what kind of time are they both looking there was also drugs in there too and on top of that my husband is wanted for two other things I'm just trying to figure out how long and if it would be worth even trying for the guy to sign an affidavit I'd appreciate for your help
Submitted: 1 year ago.
Category: Criminal Law
Expert:  CrimDefense replied 1 year ago.

Good afternoon. Where was the gun found?

Customer: replied 1 year ago.
I think on the floorboard in the back of the truck inside of it the guy said he snuck it in when my husband went to go to the bathroom
Customer: replied 1 year ago.
He had a gun covered up in a back. my husband didn't see it until the cop found it
Expert:  CrimDefense replied 1 year ago.

Thank you for the additional information. If the man is going to admit to ownership of the gun and that he snuck it in and your husband did not know, then you husband would have a defense to raise at trial, for the gun possession charge. Once he would be listed as a witness, he State would likely depose him and see what he has to say and then decide if they are going to proceed, based upon his credibility. If they refuse to drop the charge, then he would need to testify at trial and it would be up to the jury to decide. Now, even if the gun charge is beat, then the drug charge would need to be answered to and of course, the State may wonder and be concerned if they were dealing drugs and in possession of a firearm, opposed to simply possession.

Expert:  CrimDefense replied 1 year ago.

Please let me know if you have any follow up questions or need any clarification on something which I stated above. Also, remember to rate my service at the top of this page, before exiting the site, so I can receive credit for my help. I hope you found it to be Excellent! Only rate my answer when you are 100% satisfied. If you feel the need to click either of the two lower ratings to the left, please stop and reply to me. I want to make sure your experience with the site was as pleasurable as possible and that you are satisfied with the help I provided.

Customer: replied 1 year ago.
The guy wants to sign an affidavit stating the fact everything was his. Is it worth him doing that are they both going to serve time anyway for it
Customer: replied 1 year ago.
if so how long do you think my husband would get with him being a convicted felon and a gun and the drugs
Expert:  CrimDefense replied 1 year ago.

Yes, he can and it can be presented to the State but it does not mean they have to believe him and can still proceed to trial and let the jury decide. As far as the time, it is impossible to tell. Once he is arraigned, a score sheet will be calculated and they will see what he scores out. Possession of a firearm by a convicted felon is serious, as you know, so if he can beat that charge, it may lower any time

Customer: replied 1 year ago.
How long could he get just for the gun
Expert:  CrimDefense replied 1 year ago.

Below is the statute. Subsection B outlines the range of penalty just for this

§95.1. Possession of firearm or carrying concealed weapon by a person convicted of certain felonies

A. It is unlawful for any person who has been convicted of a crime of violence as defined in R.S. 14:2(B) which is a felony or simple burglary, burglary of a pharmacy, burglary of an inhabited dwelling, unauthorized entry of an inhabited dwelling, felony illegal use of weapons or dangerous instrumentalities, manufacture or possession of a delayed action incendiary device, manufacture or possession of a bomb, or possession of a firearm while in the possession of or during the sale or distribution of a controlled dangerous substance, or any violation of the Uniform Controlled Dangerous Substances Law which is a felony, or any crime which is defined as a sex offense in R.S. 15:541, or any crime defined as an attempt to commit one of the above-enumerated offenses under the laws of this state, or who has been convicted under the laws of any other state or of the United States or of any foreign government or country of a crime which, if committed in this state, would be one of the above-enumerated crimes, to possess a firearm or carry a concealed weapon.

B. Whoever is found guilty of violating the provisions of this Section shall be imprisoned at hard labor for not less than ten nor more than twenty years without the benefit of probation, parole, or suspension of sentence and be fined not less than one thousand dollars nor more than five thousand dollars. Notwithstanding the provisions of R.S. 14:27, whoever is found guilty of attempting to violate the provisions of this Section shall be imprisoned at hard labor for not more than seven and one-half years and fined not less than five hundred dollars nor more than two thousand five hundred dollars.

C. The provisions of this Section prohibiting the possession of firearms and carrying concealed weapons by persons who have been convicted of certain felonies shall not apply to any person who has not been convicted of any felony for a period of ten years from the date of completion of sentence, probation, parole, or suspension of sentence.

D. For the purposes of this Section, "firearm" means any pistol, revolver, rifle, shotgun, machine gun, submachine gun, black powder weapon, or assault rifle which is designed to fire or is capable of firing fixed cartridge ammunition or from which a shot or projectile is discharged by an explosive.

Expert:  CrimDefense replied 1 year ago.

I just wanted to follow up and see if you had any other questions or needed me to clarify something. I am here to help, so please let me know. Thanks!