Pennsville, NJ asked in Criminal Law for New Jersey

Q: Can police arrest me for illegal possession of a firearm even if they don't find any evidence of a weapon?

Someone told police I have a gun but I don't.

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2 Lawyer Answers

H. Scott Aalsberg Esq.

Answered
  • Criminal Law Lawyer
  • East Brunswick, NJ
  • Licensed in New Jersey

A: Sure they can probably arrest you, but can they prove the case that is another story. Police arrest on probable cause

Leon Matchin

PREMIUM
Answered
  • Criminal Law Lawyer
  • Milltown, NJ
  • Licensed in New Jersey

A: If they are going based on an anonymous tip then you may have a motion to suppress. Also, if there's no weapon recovered then they may have tough time proving their case in court beyond reasonable doubt.

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