Q: I was blue lighted where I failed to pull over , I went on a high speed chase being scared for my life ,but I wrecked
The passenger in my car exited and ran , he was then tased before falling allegedly two firearms was found in the open field where he was arrested one firearm with the serial number was altered he stated “ the weapon was in the when he got in there I was questioned and stated “ I knew nothing of a gun being in my car“ I was arrested from my vehicle wasn’t any weapons obtained from my possession but we both was charged with the gun charge how is that possible ?
A: The police are allowed a lot of discretion and leeway in the type of charges they bring during an investigative phase. Although the weapons were not found in your vehicle or your possession, since they were found close to the scene of the crime, this is likely why they charged you both with the weapon. However, the DA must prove beyond a reasonable doubt that the weapon was in your possession.
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