Fort Worth, TX asked in Criminal Law and Constitutional Law for Texas

Q: If I sign an affidavit stating a gun is mine what will happen and what do I need to do and it's for my husband

We were both in the vehicle and it was closer to me than him cause it was mine he didn't acknowledge it until I told him that I had it in the car with us we got pulled over with our 2 friends to one had a gun with drugs without our knowledge and the other they charged him with a fire arm but it was a bee bee gun and I just need help asap my husband's life depends on it please help

1 Lawyer Answer
Michael Hamilton Rodgers
Michael Hamilton Rodgers
Answered
  • Criminal Law Lawyer
  • Dallas, TX
  • Licensed in Texas

A: So of the four people in the car, you're saying everybody had a gun of some kind except for your husband? And your question, as I understand it, is what will happen to your husband and what might happen to you if you sign an affidavit stating that the gun in question is owned by you. Well let me advise you first that if you sign such an affidavit and give it to your husband's lawyer, the lawyer will likely tell you that your husband isn't charged with owning the gun, so the affidavit is probably not going to help him. (It would really help if you had mentioned what kind of trouble your husband is in because of your gun. Is he being chrged as a felon in possession of a firearm, which is a felony? Or is he facing a probation or parole violation because of the gun? Or is he simply being charged with unlawfully carrying a weapon, which is a misdemeanor?) I am guessing about this, but the most likely scenario under the facts you have provided is that he's in trouble for "possessing" the weapon. Since more than one person can possess a thing, your claim of ownership probably won't help him. What might help him is the fact that he had no knowledge of the gun being in the car until you told him about it as you were being pulled over. Of course he would also be in trouble if he knew about the other firearm in the vehicle.

What you should do is talk this matter over with his lawyer. If he doesn't have one and can't afford a lawyer, he should ask the court to appoint an attorney to represent him. If you would like a more specific answer, please ask your question here again and be sure to mention what kind of trouble he's in, what he's charged with, whether he's still in jail, etc. Good luck to you both.

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