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I live in michigan my wife has her cpl liscends and im a

Customer Question
felon can we stay in...
i live in michigan my wife has her cpl liscends and im a felon can we stay in the same house together
JA: Have you talked to a lawyer yet?
Customer: no
JA: Anything else you want the lawyer to know before I connect you?
Customer: the dea raided my house and got her gun out the safe now the charging me with 922 g and my wife with aiding
Submitted: 1 year ago.Category: Criminal Law
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Answered in 1 minute by:
11/18/2016
Criminal Lawyer: Zoey_ JD, JustAnswer Criminal Law Mentor replied 1 year ago
Zoey_ JD
Zoey_ JD, JustAnswer Criminal Law Mentor
Category: Criminal Law
Satisfied Customers: 28,064
Experience: Admitted to NYS Criminal defense bar in 1989. Extensive arraignment, hearing, trial experience.
Verified

Hi,

I'm Zoey and I'll be assisting you. I'm reviewing your question now.

Have you been ordered to stay away from your wife or to reside elsewhere?

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Criminal Lawyer: Zoey_ JD, JustAnswer Criminal Law Mentor replied 1 year ago

Are you on probation or parole?

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Customer reply replied 1 year ago
No
Criminal Lawyer: Zoey_ JD, JustAnswer Criminal Law Mentor replied 1 year ago

If there is no protective order keeping you and your wife away from each other, if the court or bondsman hasn't required you to live apart as a condition of your release, or if neither of you are on probation or parole, there is lawful no reason that you couldn't continue to live together.

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Customer reply replied 1 year ago
how can the dea charge me
Criminal Lawyer: Zoey_ JD, JustAnswer Criminal Law Mentor replied 1 year ago

They are not charging you with living with your wife. They are charging you with being in constructive possession of a gun. As a felon you have no gun rights. Your wife can live with you, but if she has a gun in the house, you can be be arrested as being a felon in possession of a gun. She has gun rights. You don't. If she chooses to live with you, she has to keep the gun out of the house or you're at risk of an arrest.

The fact that you were arrested, doesn't mean that you have to be convicted. The state would have to prove beyond a reasonable doubt that you were capable of taking custody and control over that gun. If for example, you had no key to the gun safe and no access to her key, you both may beat this charge.

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Criminal Lawyer: Zoey_ JD, JustAnswer Criminal Law Mentor replied 12 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.

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Zoey_ JD
Zoey_ JD
Zoey_ JD, JustAnswer Criminal Law Mentor
Category: Criminal Law
Satisfied Customers: 28,064
28,064 Satisfied Customers
Experience: Admitted to NYS Criminal defense bar in 1989. Extensive arraignment, hearing, trial experience.

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