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Ask Legal-Kal Your Own Question
Legal-Kal, Criminal Defense Lawyer
Category: Criminal Law
Satisfied Customers: 584
Experience:  Attorney at Law Offices of Khaled Issa
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Can the police charge me with possession of a fire arm by a

Customer Question

can the police charge me with possession of a fire arm by a felon if they did not actually catch me in possession with the fire arm. it was at a house that I use to live at and was gone from weeks before the charges was brought up
Submitted: 1 year ago.
Category: Criminal Law
Expert:  Legal-Kal replied 1 year ago.

Good afternoon:

My name is ***** ***** I would be happy to provide general information regarding your question.

The answer to your question would be "yes." The police can still indeed seek to charge individuals under your given facts (actually obtaining a conviction, on the other hand, will be more difficult).

Possession of an item can come about two different ways. One is actual possession. This is the type of possession most people are familiar with (i.e., actually holding an item). However, under the law, possession can also be "constructive possession."

Constructive possession is where an item (although not physically on a person) is possessed by an individual because the individual had exclusive dominion and control over the item. For instance, if you leave your wallet in your car and go inside a store, even though you do not have the wallet on your person, it is still under your exclusive dominion and control...which means you have constructive possession of the wallet.

In Court, to obtain a conviction, the state would have to prove what I laid out. It is often very difficult to prove constructive possession as opposed to actual possession. However, just because the state will have difficulty in proving the case does not mean that the police still cannot charge an offense based upon constructive possession.

Any questions based on this? If so, please ask.

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Expert:  Legal-Kal replied 1 year ago.

I see you have read my response. If you have questions on this, please ask.

As a reminder, if you have no questions based on what I have provided, please click ACCEPT and rate the assistance provided.

Customer: replied 1 year ago.
Is there any way to get rid of or a plea bargain that can be worked out for this charge
Expert:  Legal-Kal replied 1 year ago.

There is always the possibility of entering into plea negotiations if charges occur. However, the plea discussion would generally bode well as long as the individual does not have an extensive criminal history. Obviously, there would be a need for an experienced criminal defense attorney if charges are indeed filed and your attorney would be able to enter into plea negotiations with the prosecutor after your attorney has reviewed all of the evidence in the case.

Expert:  Legal-Kal replied 1 year ago.

A reminder, if you have no other questions. Please remember to click ACCEPT and rate the assistance provided. Thank you!