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At Breslow Law Offices, our criminal defense attorneys are on your side, and we know how to beat a gun charge in NJ. At a preliminary hearing, the court will determine whether there is probable cause to support the state's charges against a defendant. For a search to be considered valid during a vehicle stop, the driver must consent to the search. Therefore, it is extremely common to see constructive possession cases where the police testimony will attempt to establish circumstances which suggest that one of the occupants of the vehicle must have been the owner of the contraband. So waiting to hire a lawyer until after the preliminary hearing many times is a big mistake, because if the lawyer who's representing you at trial also properly prepared for your preliminary hearing and interviewed your witnesses prior to your preliminary hearing, the trial result is going to be much better. The defense can request maintenance and calibration records for the lab machines and question the lab personnel about when the machines were calibrated and how they know the machines were correctly calibrated. The cocaine was in the console between the driver and the passenger. The charges are related to both unlawful possession of a gun and ammunition.
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Dismissal of Firearms Charges for Possession. Some officers have training in how to identify a substance without a chemical test. Pennsylvania and United States law make the possession of all sorts of substances and objects illegal. Even when a home has a single occupant, circumstances could indicate another person had control of the drugs. No matter what type of crime you're charged with, your lawyer can help you fight your charge, potentially reducing your charge (and your sentence). Create an Argument to Attack Constructive Possession. First, the prosecution must prove the defendant knew the substance was a controlled substance, i. e., that it is illegal or available by prescription only. Felonies are broken into different types or "classes" of offense. The cocaine could belong to anyone attending the party. Example: Ray's fiancée frequently visits his home.
Request A FREE Consultation. However, without a license issued in New York State, that weapon cannot be brought to or used within NY's borders. If the vehicle is validly stopped, the passenger compartment may be searched for weapons for the officer's protection if the officer has a reasonable suspicion weapons will be found. Often two or more people reside in a house or apartment. To get a search warrant, the police must provide a judge or magistrate with one or more affidavits (written statements under oath) reporting the observations of confidential informants, private citizens, or police officers. She violated other protocols such as forging the initials of evidence officers and removing samples from the evidence locker and postdating entries in the evidence logbook. He failed to make a record in the chain of custody log that he removed the marijuana from the evidence room. Meticulous Trial Preparation. As long as the weapon is considered to be within your domain — whether it be in your car or house — you would legally be considered in possession of a firearm, commonly referred to as constructive possession.
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Your lawyer can gather information during the preliminary hearing to support motions to suppress evidence or motions to attack any search warrant. You thought the gun was securely locked in a case or safe. Even the least severe charge of criminal possession of a weapon in NY can result in serious prison time and a permanent criminal record. NY Penal Law defines a "loaded firearm" as any firearm that either has ammunition in the chamber or cartridge, or "any firearm which is possessed by one who, at the same time, possesses a quantity of ammunition which may be used to discharge such firearm. " For example, the final lab results may report a sample contained a controlled substance. You likely never imagined that you'd be dealing with a gun charge, and if it's your first time dealing with the legal system, it's normal to have trouble deciding where to turn. If your criminal defense attorney is ignoring reasonable suspicion and simply going right to probable cause he is pretty much cutting your probability of success at a pre-trial motion in half. Call 267-225-2545 to speak with a defense attorney today. Many gun charges in New Jersey come with mandatory minimum sentencing requirements due to the Graves Act (contained at N. J. S. A. Court of Appeals for the Third Circuit decision in United States v. Anthony Rowe. Any evidence that can directly link the contraband to the defendant.
This would be the case if the weapon was concealed on one's person or nearby (between car seats). The California court ruled that Andy only held the drug long enough to dispose of it and that did not constitute illegal possession of the heroin. Then, he failed to return the marijuana to the evidence room immediately after using the substance for a dog training exercise. 24/7 Customer Service. He asks her if he can look in the box and she says ok. Andy then drove off with the passenger still in the car. A break in the chain of custody occurred since the analyst was not present to explain what happened to the substance while it was in his possession. Some gun crimes in New Jersey do not fall into any of the four felony categories.
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In order for the consent to search to be valid, the form must be filled out in its entirety. The chemist or lab tech who performed the tests that identified the controlled substance must be available for cross-examination by the defense attorney. Prosecutors will bring constructive possession charges when a person is believed to own the narcotics, but they were not actually in their possession at the time of the seizure or arrest.
Pennsylvania, like all other states such as New Jersey and the federal court system permit either the prosecution or the defense to impeach the credibility of a witness. In order to establish constructive possession, the government must prove something more than the defendant's mere presence near the item in question. Challenge the Consent of a Search. Contact an attorney today to protect your rights and freedoms. It may not have been a great idea to hang around in the area where they were stored, but that does not make them the defendant's.
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A person who has a license for a weapon in another state may be permitted to carry or possess that weapon in their home state. 23+ Years of Trial Experience. It helps us establish how the accident actually occurred. When the police are in a place where they are entitled to be, they can seize evidence that is in plain view. Police often stop cars for minor traffic violations and then look for a justification to search the occupants or car for drugs. New York has some of the tightest weapons laws in the country. However, he did not intend to commit a crime. If the police violated your constitutional rights when they seized the drugs you are alleged to have possessed, you can ask the judge to suppress the evidence. •The police knock on the door of a house to talk to residents. If law enforcement officers obtained evidence illegally, your attorney may make a motion to suppress the evidence, meaning the state cannot introduce it at trial. We Educate & Advocate. Speaker: Andrew Gay, Jr., Philadelphia Personal Injury Lawyer. If the judge does not dismiss the case against Sam, Sam's attorney can drive home the point the prosecution has to prove its case beyond a reasonable doubt in the closing argument. Most illegal gun and firearm cases will make it past the preliminary hearing level and so a defense win doesn't necessarily mean getting the charges dismissed.
This blog article is made available by the law firm publisher for educational purposes and to provide general information, not to provide specific legal advice. In addition, the government must show that the defendant had both the intent and the power to control the contraband. First-degree gun grimes the most severe type of felony gun charge in New Jersey. The initial consultation is always free and the sooner you pick up the phone to schedule an appointment, the sooner we can talk about your case. The legal team at the Law Offices of Lloyd Long possess a wealth of experience litigating various types of criminal law cases, and we will use this knowledge to help you defend your possession case. Melissa tosses the box in her car and drives off. Beyond a reasonable doubt requires a higher level of certainty than "probably. But the police never saw him engage in a handoff or other suspicious activity before arresting him. However, the question remains whether the powder that the lab tested is the same substance that the police removed from George's car. The information provided is for informational purposes only and may not reflect the most current legal developments. In determining whether the prosecution has proven the intent necessary to show constructive possession, courts will look at the totality of the circumstances.
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In addition, your attorney also wants point out other persons who also had access to the property. If you are on probation or parole, or you have a record which disqualifies you from possessing a firearm, it is risky to be around drugs or a gun. Here his motives became important. The concept of "possessing" a gun is more than just having it on one's person. •A search warrant authorizes the search of a home for stolen TV's. He drove the passenger to a fire department and explained the passenger needed oxygen. Factors that Indicate Constructive Possession: Proximity and Control. Sentencing will also depend on the type and amount of narcotics involved. In general, officers must secure a search warrant before they can search your vehicle, person, or home. Therefore, the judge may dismiss the charges without the case going to the jury. Chipping away at the lab technician's credibility may not keep the evidence out but still may create a negative impression of the prosecution's case in a juror's mind. The defendant was observed by a remote camera operator at a convenience store showing a handgun to another individual.
Most firearm carrying permits are issued to active-duty police officers and some retired police officers. 8650 N. 35th Ave. Suite 110, Phoenix, AZ 85018. Constructive possession means that the prosecution will argue that the gun or firearm in question was found in a person's area of "immediate control" rather than on their person. Ann is charged because the apartment is in her name. For example, if a confidential informant has an agreement with the police department in which he or she is paid a certain amount for providing information about others, the payment agreement could be used to demonstrate his or her motive to provide information that may or may not be true. And many times, being able to attack a witness based on prior inconsistent testimony is what helps us win criminal trials. However, statements that the technician "assumed" that the equipment was properly maintained may again chip away at the prosecution's credibility and professionalism.
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