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
PREMIUM
Anthony M. Avery pro label Lawyers, want to be a Justia Connect Pro too? Learn more ›
Answered
  • 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.

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.