Felon in possesion of a fire arm Help?

Question

I was charged for Felon in possession of fire arm in my brothers office and also his gun. He lives out of state and brings it back and forth when he travels. I work for him and did not know gun was in holster under books 5 feet from me. My brother is not a felon, Police say gun inches from me, not true My Public attorney told me who do you think the jury will believe you or police. Im not saying Im an angle but I did have a non violent felony 26 yrs ago and no record since. They offered me a gross misdemeanor and a $1000.00 fine. I refused. Do you think they have any chance?

Answer 1

In court they will have little chance of succesful prosecution if your borther testifies it was his firearm and you had no knowledge of it. A tactful prosecutor would drop such a case.

Oh, in addition - the offer of a misdemeanor is an indication they do not have enough evidence to obtain a guilty verdict on a full charge.

Answer 2

You don't mention how the police came to be involved. Why did you decide to refuse the plea bargain?

Do they have a chance? As your attorney said, credibility is the issue, now; and like a casino, the odds favor the house.

If the circumstances are as you say, then your story, bolstered by your brother's testimony will be weighed against the police testimony.

Why did you refuse the plea bargain? A misdemeanor plus fine & finished. You now run the risk of a 2nd felony conviction and most states have laws requiring mandatory prison time for three felonies, "three strike" laws. If you're found guilty, this one will be gun-related. Major trouble should a third felony ever be charged.

Answer 3

Why would your brother store his gun in a holster under some books? Will your brother testi-lie that it was his gun? Is the gun registered to your brother? Are your prints on the gun? I don't buy your story either. What else are you sellin? Take the deal.

Here is what I think happened. You are a past felon. Your brother might be into something shady. Cops show up to search the business, either through search warrant or one of the ten exceptions to a search warrant. You see them coming in, ditch the gun a few feet away, you get charged up. Am I close?

Answer 4

Stick to your story, someone may believe you. I would give you the benefit of the dought, if your brother were to testify it was his. Next time, he should know better and keep it in his possession. It sounds like the prosecutor doesn't have much of a case. Take your chances and stick to your story. Continue your non guilty plea and make your lawyer do his job in defending you properly. I don't think they have a chance, but that is the risk you take when charged with something. Just be truthful and bring up the past. It seems you have done your time already. What is the input of your parole officer? What will he/she say in court about this incident? Have they made a recommendation to you with your attorney? Good luck! I SAY NOT GUILTY!!! They may decide to drop it also.

Answer 5

One thing you don't say is how the Police came to find this firearm. Were they tipped off by someone? Why were you charged in your brother's office? Something doesn't seem to add up on the info. you gave. If you are offered a misdemeanor charge, it beats the 5 years you would get in my state for this.
As for the person who wrote that cops have too much power, try doing this job for 21 years like I did. The criminal defendants have way more rights than the police do, sorry to burst your bubble.

Answer 6

i would think you would have a chance,, if your brother testifies that it was his gun,,,,,,and if you have had no record in the last 26 years,,,, and if you were in his office, gather up documents that the gun was registered to him,, that you work for him,,,,,, and that it was his office,,,,,, notarized statements from anyone of good character or having them go to court with you, would help (if you cant collect the proper documents),,,, also, if would be good to find out what the sentence/fine etc would be if you go to court and lose,,,, but if you are innocent, its most always best to not accept a plea admitting you are guilty,,,, i wouldnt think it would matter how far from you the gun even was, if it wasnt in your hand and didnt belong to you, it wasnt in your possesion,,,,, so that would add to your chances,,,,

Answer 7

I disagree. The offer of a plea doesn't mean that they do not have enough evidence against you. Pleas are offered for cost savings and just to help the arrested person out. The justice system is actually there to help. In most cases, not necessarily yours, people do stupid things and get caught. Throwing the book at them doesn't always help.

Answer 8

a lifeless ringer for a zebra in no way transformations this is stripes a lifeless ringer for a thug inspite of his position in existence will nevertheless proceed such as his gansta thug way of existence and to imagine little ones idolize those punks even as they ought to look as a lot as quite strong those with strong moral values and ideas. each person breaking the regulation might want to pay the fee a lifeless ringer for something human beings and that is the final analysis.

Answer 9

I don't know what State you're in but won't you pay more taking it to trial? If you have already been to jail/prison then I'm sure you wouldn't want to take that chance of returning or would you?? You have already dealt with the Justice system once....who won that time?

Answer 10

yes. they will believe cops over you,they have too much power. the cops shouldn't be above the law,but the are. $1,000 may be the way to go.

the court may not believe the brother.

go to. i understand most cops can't handle the stress and become abusive. they need more psych help and evaluation. you bust no bubble. anywhere you go you can observe a cop breaking a law if you are there long enough,they are above the law and that is too much power. you are guilty until you prove yourself innocent. as for rights,you have the right to shut your mouth,if you give up that right,you have the right to get beat.