Criminal Law/Riding Dirty...

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Question
My wife's son (from first marriage) was recently pulled over and a firearm was located in his locked glovebox. He has a 2nd Degree conviction that dates back 10 years or more. His girlfriend does have a concealed hand guns license however was not in vehicle at time of arrest. He assures us he did not know firearm was in vehicle ( being that they both share the car)  and I believe him, what's the chance his case will end in a dismissal? Does he have a defense? Thank You!

Jason

Answer
Jason,

The entire issue will turn on whether the handgun is registered to the girlfriend, or to your stepson.  If the handgun is registered to the girlfriend then she should draft and notarize a letter stating that she left her handgun in the car and forgot to remove it.  She should present a copy to the investigating officer and be prepared to testify to that fact in court.  If the handgun is registered to your stepson it will be much more difficult to prove that the girlfriend left it there without his knowledge due to the fact that the owner should know where the weapon is at all times.  If your stepson presented the handgun to his girlfriend as a gift he will have to testify that he did not "get around" to having it registered in her name.  Regardless, as I stated earlier, the girlfriend should be prepared to help your stepson out through her testimony.  I hope this information helps.  

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Jeffrey Hauck

Expertise

I would welcome the opportunity to answer questions relating to or related to the field of criminal law.

Experience

Criminologist. Professor of Criminal Justice. Licensed Private Detective with expansive clientele base encompassing hundreds of cases. Donates resources and time to the Children's Rescue Network in Orlando, FL.

Education/Credentials
Associate of Science; Bachelor of Arts; Master of Science, Doctor of Jurisprudence Degree.

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