San Antonio, TX asked in Criminal Law and Federal Crimes for Texas

Q: Can person on parole be convicted if he had no knowledge of a firearm being in the vehicle he was in

He had been driving my car the firarm feel out of my bag which I didn't realize and he didn't know I had it that day i work late at night so i have it for my safety, so when he had gotten pulled over for a traffic stop the officer ran his name and seen he was on parole and took it upon him self to call a k-9 unit to search the car didn't even ask to search the vehicle just put him in handcuff they prolong the traffic top for more than 1 1/2 I went to where he had been pulled over and told the officer that it was my firarm and I took responsibility for

the firearm and that he had no idea that the firearm was in the car because honestly he didn't nor did I because I thought the whole time I thought it was still in my bag... why was he not asked if they could search the vehicle? they stated no because he was the one driving the vehicle... but I was able to take my car home

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2 Lawyer Answers
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: The short answer is YES!

There is a possibility that someone could get convicted in your situation. "Circumstantial" Evidence can get you convicted.

If you were indicted, and the case went to trial, your reasons and explanation you stated could get you to win a NOT GUILTY verdict. However, that is not a guarantee. You will need to get every witness, and have a good lawyer defending your case if you go to trial.

I hope you have some luck with this one.

James L. Arrasmith
James L. Arrasmith pro label Lawyers, want to be a Justia Connect Pro too? Learn more ›
  • Criminal Law Lawyer
  • Sacramento, CA

A: If your friend was on parole and found in possession of a firearm, even if he had no knowledge of it being in the car, he may still be in violation of his parole. Possession of a firearm is typically a violation of parole conditions and can result in revocation of parole and additional criminal charges.

However, if the firearm was found during an illegal search or seizure, it may be possible to challenge the admissibility of the evidence in court. If the police did not have probable cause to search the vehicle, or if they violated your friend's Fourth Amendment rights in some other way, the evidence may be suppressed and the charges dismissed.

It is important to consult with an experienced criminal defense attorney who can review the specifics of your case and help determine the best course of action. Your friend's attorney can also work to protect his legal rights and help him understand the potential consequences of his situation.

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