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My boyfriend and I are being looked at for a stolen firearm…

Customer Question
My boyfriend and I...

My boyfriend and I are being looked at for a stolen firearm that was found in my vehicle that is registered to me, although neither of us stole it, it was bought off the street. My biggest concern is the detective that came to ask me questions seems like she is trying to put the charges onto my boyfriend because he is currently on felony probation. He doesn't know whether he should talk to the detective and tell her that he does not know anything about the firearm and the he was never in possession of it, so that it is clear he had nothing to do with it, so that she does not try to get him violated on his probation or should he just not talk to her at all. I at this point have talked to her twice but have chosen to stop talking to her, because once she stops looking at him she will come back to me which i am aware of, but we don't know how to get her to stop looking at him.

Lawyer's Assistant: What state is this in? And can you tell me a little more about the charge?

Florida. no charges have been filed yet.

Lawyer's Assistant: Have you talked to a lawyer yet?

I have talked to a lawyer for my part, because the car the firearm was found in is registered in my name, I was the only person in the vehicle when it was totaled.

Lawyer's Assistant: Anything else you want the lawyer to know before I connect you?

Just that my biggest concern right now is how to handle getting the detective to stop looking at my boyfriend as a "suspect" because of his felony probation that he has violated twice, even a simple violation having nothing to do with the gun charge will send him to prison.

Submitted: 7 months ago.Category: Criminal Law
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Customer reply replied 7 months ago
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Criminal Lawyer: Law Educator, Esq., Lawyer replied 7 months ago
Law Educator, Esq.
Category: Criminal Law
Satisfied Customers: 125,785
Experience: Attorney with over 20 years law enforcement, prosecution, civil rights and defense experience
Verified

Thank you for your question. I look forward to working with you to provide you the information you are seeking for educational purposes only.

Even though you did not steal it, if it was bought off the street it is still considered possession of stolen property, which is a crime.

The fact he is a convicted felon he is not supposed to have any access to any firearm, either in his direct physical possession or constructive possession.

Your boyfriend should NOT talk to the detective without an attorney and if he has not obtained an attorney yet, he had better, because the possession of stolen property charge is not the big deal, him getting charged with felon in possession of a firearm would be the more severe charge.

You need to get your boyfriend an attorney and he most certainly should not acknowledge anything about the gun in the car.

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Customer reply replied 7 months ago
But my concern is the detective has made it clear that if my boyfriend does not speak with her she will have his probation officer call him into his office so they can talk. I feel like this will end up violating his probation. So to prevent her doing this what should he do? I’m prepared to hire a lawyer for myself and to take the charge, i have a clean record but we can’t afford a lawyer for both of us just one.
Customer reply replied 7 months ago
I just don’t know to go about getting her to stop focusing on him. By him telling her he didn’t know about the firearm and had nothing to do with it, in turn she wouldn’t be able to move forward in looking at him because like i said before the car is mine i was alone when it was found.
Criminal Lawyer: Law Educator, Esq., Lawyer replied 7 months ago

Thank you for your reply.

Either way he can have his probation revoked. I would still advise him not to say a word about it without an attorney. He would be in violation of parole for just being in the car where the weapon was found, as felon in possession of a firearm. So he needs a local attorney to represent him and you would need one too if they end up charging you with possession of stolen property.

He is going to tell her he knows nothing about the firearm, but he needs an attorney locally to represent him before he tells her anything and if he cannot afford an attorney he needs to go to the local public defender's office as he is entitled to representation.

Please do not forget to leave positive feedback by clicking on the 5 stars at the top of your page, as the experts are not employees of the site and get no credit for spending time with customers unless they leave positive feedback. Thank you.

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