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1 bullet was found in my home I'm a felon but the bullet…

hello 1 bullet was found...
hello 1 bullet was found in my home I'm a felon but the bullet belonges to my grandson i didn't know he had it
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Answered in 3 hours by:
3/13/2018
James Daloisio
Category: Criminal Law
Satisfied Customers: 340
Experience: 30 years experience in criminal law, continuing education.
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Hi, my name is ***** ***** welcome to Just Answer.

Yes, most states criminalize the possession of weapons and ammo by a person who's suffered a felony conviction.

You have to understand the offense of "possession." "Knowledge" is always an element. For example, in California, Penal Code Section 30305 makes possession of ammunition by a felon a wobbler offense, i.e., punishable as either a misdemeanor or a felony. There are two elements that must be proved: 1) The defendant owned/possessed/had under his/her custody or control, ammunition; 2) The defendant knew he/she owned/possessed/had under his/her custody or control the ammunition.

I don't know how the prosecution would prove that you knew that there was one bullet somewhere in your home.

If you tell me what state you're in I'll give you the law that applies to you in these circumstances.

James Daloisio
Category: Criminal Law
Satisfied Customers: 340
Experience: 30 years experience in criminal law, continuing education.
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Customer reply replied 1 month ago
I'm in illinois i haven't been in troublem for over 15 years and was also charge with possession heroin 7 bags and 19 very small bags of cocaine it was party use in my home two other signed affidavits one says 9bags was his use and the other person says 4 bags of the bags of heroin was his use along with 6 bags of cocaine in my home they found money in dresser locked in a steel box that i can prove was rent money and working money i have rent papers and worksheets to prove money paymentsfor the 2 day before the police came to my home with a warrant for just heroin
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nothing has come for me to read up on
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i still haven't received any information please send

Hello, I'm looking at some case law. I'll post here in a few.

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Hello again,

I've been looking over the deferred prosecution programs in various counties in Illinois, and none of them are available to a person who has a prior conviction. There was a time when, if your prior conviction was ten years old, they considered a new offense a "first offense," but that seems to be off the books.

So you have two problems to deal with. First, the drugs. You may be able to establish that you did not "deliver" them to anyone, and that the money found in your home was not the proceeds of any sales of controlled substances, but you still have to deal with "possession."

The offense of Possession of a Controlled Substance requires that you be in Actual or Constructive Possession. Actual possession means you have it on your person, in your hand, in your pocket, etc. Constructive possession may be inferred under the circumstances when you have dominion and control over the are where the drugs are found and the prosecution is able to prove (1) you knew the drugs were there, and (2) you knew that they were illegal drugs. There is some case law in Illinois that holds "Habitation in the residence in which the (firearm) is found is sufficient evidence of control to establish constructive possession. [Citation.]" People v. Sams, 2013 IL App (1st) 121431, ¶ 10, 2 N.E.3d 441."

You can overcome this presumption with evidence that the contraband was brought into the home without your knowledge and was concealed sufficiently to prevent you from learning of its presence; and/or it was packaged in a manner that made it difficult to identify.

Same argument with the bullet. If you instructed your grandson to stay in a particular room, and told him it would be his room, then anything he brought into that room would not be within the scope of your dominion and control. Plus you would have no way of actually knowing what was in there. Now, if there was some reason that you SHOULD have known that there would be a weapon or some ammo in there, perhaps the inference that because it's your habitation you have knowledge might apply.

In both cases you should focus on the issue of knowledge. There's no way to establish possession if the prosecution can't prove that you had knowledge of the item's nature and presence, i.e., you knew it was there and you knew what it was.

Additionally, as far as the bullet goes, you don't own a gun, so why would you have a bullet???

I'd work on getting the charges reduced down as far as possible; no transportation or sale charges, just simple possession.

The only alternative to prosecution I can find is the Drug Court program; it's a program for drug dependent people that requires intensive treatment. I have to say you sounded fine to me on the phone and I would never have pegged you as drug dependent! But I do not see an alternative to prosecution for any drug offense besides Drug Court because of your prior conviction.

Let me know if you'd like more details on any of this information. It sounds like you have a handle on everything and you have a good chance at minimizing your exposure.

Thank you for using Just Answer.

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