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Michael Bradley
Michael Bradley,
Category: Criminal Law
Satisfied Customers: 552
Experience:  Owner at The Protection Group LLC
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I was driving a car that I borrowed from a friend. her

Customer Question

I was driving a car that I borrowed from a friend. her boyfriend and her were having issues. I see his car down the street at the gas station after I left. I get gas and leave 5 minutes later I'm pulled over for threatening him with a gun at the station. security tapes will show that never happened. I'm arrested then he calls again says he lied. he was arrested for lying and violation of an NCO they release me at the scene. impound the car and get a warrant the next day find a gun under the passenger side seat. without any follow up they put out a warrant for my arrest like a week later and immediately place me on the most wanted list. I was never even notified about the warrant. I'm being charged with unlawful possession of a firearm in the 2nd.can they really do this
Submitted: 10 days ago via Cornell Legal Info Institute.
Category: Criminal Law
Expert:  Michael Bradley replied 10 days ago.
they can charge you. However being charged does that mean that you are being convicted. I would have gained a criminal attorney immediately so that they can start getting to work on preparing your defense including obtaining copies of the camera footage from the gas station. With the phone call that gives them Reasonable Suspicion to continue their investigation. While I agree that is odd that they did not contact you once the warrant was issued, it was not anything illegal that they did. Your defense is that it did not happen. That can sometimes be difficult to prove but you have the ability to track down video footage
Customer: replied 10 days ago.
ok so my next question would be... if he lied what grounds did they have to impound the vehicle and get a warrant to search it. the whole thing was ranted once the initial reported offence was rescinded. was it not? I mean if they no longer had P.C. to keep me under arrest then how do they have it to obtain a warrant. and the fact that there was a gun matching an exact description that the guy gave them but didn't have it saved at him would suggest he planted it
Expert:  Michael Bradley replied 10 days ago.
Reasonable suspicion is a lower standard then probable cause which allows the warrant to continue. Just because they found a gun in the car does not mean it was brandished. Having the person recant what they said certainly helps your case. Again it is a conviction and not a charge you need to worry about. You are still going to have to defend yourself. At the time they impounded the car and we're processing the warrant., the person had not recanted yet. Looking at the evidence the other way, it could be assumed that the person who recanted lied about recanting and the gun really was brandished
Customer: replied 10 days ago.
no they recanted while I was at the scene in the back of the car
Expert:  Michael Bradley replied 9 days ago.
Still from a investigators view they are going to allow. I would still file motion to suppress