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Possession of firearm while convicted felon Weapons, Guns, Firearms

Discussion in 'Criminal Charges' started by Sexii2013, Jun 17, 2014.

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  1. Jun 17, 2014 #1
    Sexii2013

    Sexii2013 Law Topic Starter New Member

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    My fiance was arrested because somebody reported a terroristic threat on him. He his on parole. They came to search the house for a gun but found it under the passenger seat where he was sitting. The gun is in my name and it is my vehicle they found it in. He had no knowledge that I had a gun at all. I didn't tell him because I know he is a felon. I don't think they should have had the right to search my property when looking for something for my fiance. He also told his parole officer and the sheriff he didn't know I had a gun and which he didn't. Now she is trying to give him a new gun charge. What can we do.
     
    Sexii2013, Jun 17, 2014
    Sexii2013, Jun 17, 2014
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  2. Jun 18, 2014 #2
    army judge

    army judge Super Moderator

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    He can plead not guilty, make no statements, and ask for a lawyer.
    He isn't required to door say anything, and that includes explaining.
    No average Joe or Jane talks himself or herself out of arrest.
    When he has a lawyer, he discusses the matter with his attorney ONLY, no one else, just his attorney.
    Ignorance of something such as this isn't a defense. Proving a negative is often impossible, and always ill advised.
     
    Last edited: Jun 18, 2014
    army judge, Jun 18, 2014
    army judge, Jun 18, 2014
    #2
  3. Jun 18, 2014 #3
    CdwJava

    CdwJava Moderator

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    If he is on parole and lives with you, then you opened your home up to search at any time. That's one of the pitfalls of living with a parolee.
     
    CdwJava, Jun 18, 2014
    CdwJava, Jun 18, 2014
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  4. Jun 18, 2014 #4
    Betty3

    Betty3 Super Moderator

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    Best bet - get a lawyer's help as suggested.
     
    Betty3, Jun 18, 2014
    Betty3, Jun 18, 2014
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  5. Jun 20, 2014 #5
    mightymoose

    mightymoose Moderator

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    Very few people will believe the driver of a vehicle carries a firearm hidden under the passenger seat.
    Even if it was true you could be looking at charges against yourself for unlawfully carrying, transporting, or concealing the weapon.
    Regardless of who the gun belongs to, finding it likely corroborates the initial threat complaint.
    Your friend may be on the way back to the hoosegow.
     
    mightymoose, Jun 20, 2014
    mightymoose, Jun 20, 2014
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