Asked in Criminal Law for Texas

Q: Need info on unlawful possession of firearm by felon and would an affidavit from the owner of the vehicle help any?

My spouse has been Charged with unlawful possession of A firearm by felon. He got pulled over with a friend catching a ride home for a broken taillight, and was taken to jail for unlawful possession of a firearm by felon. The vehicle and the guns are registered to the driver. To his knowledge he had no idea there were firearms in the vehicle when he got in to get a ride home. As they were not visible. He's had a previous conviction of firearms which he is currently on parole for. They blue warranted him. And he's still in jail. Would an affidavit from the owner of the vehicle and firearms help him in this situation at all, considering he wasn't aware nor did he have any idea they were in there? If convicted of this he's looking at a lot of prison time instead of just a parole violation?

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2 Lawyer Answers
Ryan Patrick Brown
Ryan Patrick Brown
  • Criminal Law Lawyer
  • Amarillo, TX
  • Licensed in Texas

A: The affidavit could be crucial to your spouse’s defense. Whether it will result in a dismissal depends on facts I don’t and you may not know right now. However, this has to be handled carefully. You have to get a lawyer to handle the case and that lawyer has to get an investigator to get a sworn and recorded statement. This keeps everyone out of trouble and protects against any story changes at a trial or other proceeding. The handling of this statement has to be done strategically also by someone who knows the battlefield and the enemy well.

John Cucci Jr. agrees with this answer

John Cucci Jr.
John Cucci Jr. pro label Lawyers, want to be a Justia Connect Pro too? Learn more ›
  • Criminal Law Lawyer
  • Houston, TX

A: As explained by the other lawyer, There are a lot of issues that need to be addressed to help your spouse. Make sure no one talks on the jail phone about the case and strategy. It is ALWAYS recorded.

It sounds like a winnable case. But lots of work and preparation must be done.

Good Luck!

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