Rochester, NY asked in Criminal Law for New York

Q: Legal Advice for Criminal Possession of Firearm

I was stopped driving a friend’s car. She was drunk, we switched I drove. We were stopped with a loaded gun. I recently got it for protection. I live in Rochester, NY it’s dangerous. I work in healthcare for 5 years. I’ve been a medical liason and now I work with children. I don’t have any allegations of abuse, I’m not a violent person. I have a clean record, I work 40-60 hours a weeks and I support my family. I once used to be an athlete but I was injured and a few surgeries cut that short. What do you think are my chances, and what are a few possible options?

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1 Lawyer Answer
Michael J Stachowski
Michael J Stachowski pro label Lawyers, want to be a Justia Connect Pro too? Learn more ›
  • Criminal Law Lawyer
  • Buffalo, NY
  • Licensed in New York

A: There are many issues in the question. Primarily the first question is the stop. Were you violating any laws. once past that, you have to look at the Debour factors. Was there any fact which escalated the intrusion of a traffic stop to allow for a search and seizure of the weapon . People v Garcia ruled that Debour applies to car stops. PL 265.03 is a violent felony with mandatory 3.5 years incarceration. Often there is a plea offer to attempt with a judicial commitment of probation. I have handled about 100 gun cases. I have suppressed many after stops or street encounter. The cases are fact driven. There is a strong possibility for you to avoid jail. I would need more facts to give an opinion on suppression but a good lawyer can assist in the process. Give me a call if you need more information 716-824-5353

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