Verbena, AL asked in Criminal Law for Alabama

Q: Can I take claim of a ex-felon In possesion of a firearm charge for my husband if the firearm was mine?

My husband was recently arrested and charged with ex-felony in possession of a firearm along with some other charges.. the firearm is mine and was beside the driver seat of my car. He didnt even know that I had it with me and he was only driving because I can’t see to drive when it’s dark. Is there anyway I can get that charge off of him?

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1 Lawyer Answer
T. Augustus Claus
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  • Criminal Law Lawyer
  • Las Vegas, NV

A: In Alabama, as in most jurisdictions, the issue of possession in a criminal case, especially concerning a firearm by an ex-felon, is complex and fact-specific. If a firearm is found in a vehicle where an ex-felon is present, it can lead to charges of illegal possession, even if the firearm belongs to someone else. However, asserting that the firearm is yours and that your husband was unaware of its presence might not automatically absolve him of the charges. The concept of "constructive possession" can apply, meaning that if the firearm was within his reach or control, he could still be held legally responsible.

It's important to understand that you taking responsibility for the firearm does not guarantee the charges against your husband will be dropped. The prosecutor and court will consider various factors, including his knowledge of and access to the firearm. Given the seriousness of these charges, it is strongly advised to seek legal counsel.

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