Cleveland, TN asked in Criminal Law, Constitutional Law and Probate for Tennessee

Q: I was pulled over in my deceased uncles car. They found a gun and drugs. wasn't charged for gun can they keep it

The car and the gun was in my uncles name, the drugs wasn't mine. The cops let my friend take car. I was told I could get my gun when I got out of jail. Then when I went up there they wouldn't let me have it. Im fighting the drug charges. Im not being charged with a felony. Since the gun is my deceased uncles and his final wishes are being finalized wouldn't it still be in probate

1 Lawyer Answer
Anthony M. Avery
Anthony M. Avery
  • Criminal Law Lawyer
  • Knoxville, TN
  • Licensed in Tennessee

A: Felony charges might occur at Grand Jury. If there is a Probate, Administrator should ask Court for return of firearm. But it is probably not worth the trouble, and may again result in more charges. Hire a competent attorney, but you being in possession of drugs and firearm are themselves illegal, so hopefully there is a suppression issue, etc.

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