Q: How can my son be charged with possession of a firearm by a felon. When the guns were found in the owners trunck.
My son is on probation well on 3-11-17 he was arrest for the above charge him and 2 of his friends came to were we live on 22 ackers and were shooting the guns well the cops came searched the property after being told not to went into his friends car found the guns took my son to jail let the gun owners walk with no court dates and my son still in jail.
A: Clearly an issue of illegal search and seizure is presented by this fact pattern and should be resolved at a 1538.5 motion. If your son is on probation then he was probably subject to search conditions without probable cause. Nevertheless, those search wouldn't include a motor vehicle registered to someone else.
A: The law is strict re: possession of weapons by a felon, however he might qualify for an "innocent" or "fleeting" possession defense. It depends on the facts.
More details are necessary to provide a professional analysis of your issue. The best first step is an Initial Consultation with an Attorney. You can read more about me, my credentials, awards, honors, testimonials, and media appearances/ publications on my law practice website, www.AEesq.com. I practice law in CA, NY, MA, and DC in the following areas of law: Business & Contracts, Criminal Defense, Divorce & Child Custody, and Education Law. This answer does not constitute legal advice; make any predictions, guarantees, or warranties; or create any Attorney-Client relationship.
Justia Ask a Lawyer is a forum for consumers to get answers to basic legal questions. Any information sent through Justia Ask a Lawyer is not secure and is done so on a non-confidential basis only.
The use of this website to ask questions or receive answers does not create an attorney–client relationship between you and Justia, or between you and any attorney who receives your information or responds to your questions, nor is it intended to create such a relationship. Additionally, no responses on this forum constitute legal advice, which must be tailored to the specific circumstances of each case. You should not act upon information provided in Justia Ask a Lawyer without seeking professional counsel from an attorney admitted or authorized to practice in your jurisdiction. Justia assumes no responsibility to any person who relies on information contained on or received through this site and disclaims all liability in respect to such information.
Justia cannot guarantee that the information on this website (including any legal information provided by an attorney through this service) is accurate, complete, or up-to-date. While we intend to make every attempt to keep the information on this site current, the owners of and contributors to this site make no claims, promises or guarantees about the accuracy, completeness or adequacy of the information contained in or linked to from this site.