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Zoey_ JD
Zoey_ JD, JustAnswer Criminal Law Mentor
Category: Criminal Law
Satisfied Customers: 26757
Experience:  Admitted to NYS Criminal defense bar in 1989. Extensive arraignment, hearing, trial experience.
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I live in michigan my wife has her cpl liscends and im a

Customer Question

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: 8 months ago.
Category: Criminal Law
Expert:  Zoey_ JD replied 8 months ago.

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?

Expert:  Zoey_ JD replied 8 months ago.

Are you on probation or parole?

Customer: replied 8 months ago.
No
Expert:  Zoey_ JD replied 8 months 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.

Customer: replied 8 months ago.
how can the dea charge me
Expert:  Zoey_ JD replied 8 months 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.

Expert:  Zoey_ JD replied 8 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.