Laurelton, NJ asked in Criminal Law for Virginia

Q: I made a big mistake leaving my gun in my car, now my boyfriend is going to jail for many years. What can I do?

Do to my crippling anxiety, I’m scared to leave my house. I bought a gun so I would feel safe. My mom doesn’t allow guns in the house so I keep it in my car. I drove to Virginia. While there my car broke. My boyfriend was helping me get it fixed. I had the gun on the seat because I don’t have a concealed carry permit. Cops saw the gun and arrested him because he was a felon for owning a pot plant 17 years ago, when he was 18. Now he faces 3 years. Is there any way I can help him. It was my fault. He shouldn’t have to pay for my mistake.

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1 Lawyer Answer
David G. Parker
David G. Parker pro label Lawyers, want to be a Justia Connect Pro too? Learn more ›
  • Criminal Law Lawyer
  • Richmond, VA
  • Licensed in Virginia

A: Although your boyfriend does not have to be the owner of the vehicle or of the firearm in order to be charged and possibly convicted of the offense, your explanation does present a possible defense or at least mitigation of the offense. Your explanation, copies of records (if available) of your purchase of the firearm, a document reflecting your ownership of the vehicle, any available records showing mechanical issues with your vehicle, and any medical/counseling records (if available) detailing your crippling anxiety and fear that prompted your desire to possess a firearm for your protection will potentially be helpful in his defense. I am not calling into question your explanation, but please keep in mind that it is not uncommon for significant others to attempt to deflect blame from the accused; your account of what happened will be strengthened if it is backed up by documentation.

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