Seminole, FL asked in Criminal Law for Florida

Q: Can I be charged for a gun found on my side if the registered owner is in car? It was not in my possession

They said they saw me jump over from that side- and said the gun charge is going to me.. my cousin was in the car and the registered owner. He told the officers this as well . I am being charged with possession on the gun. He said since it was on the side he said I jumped over from before the stop he is putting it on me.. I am curious if this is possible and how my chances are to beat it in court seeing as my cousin was registered to it and already said it is his in the car with me. He got charged with resisiting arrest without violence , but told them it was his the entire time during the stop

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1 Lawyer Answer
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Answered
  • Criminal Law Lawyer
  • Tampa, FL
  • Licensed in Florida

A: If there is no witness or independent evidence of recent possession then I do not see how they can prove the charge. Proximity to something is legally insufficient.

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