If a gun was found in my brother’s friend’s car when they were arrested, can they charge my brother for a possesion of a firearm if the driver pleaded guilty to that charge?

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If a gun was found in my brother’s friend’s car when they were arrested, can they charge my brother for a possesion of a firearm if the driver pleaded guilty to that charge?

Asked on April 10, 2013 under Criminal Law, California

Answers:

B.H.F., Member, Texas State Bar / FreeAdvice Contributing Attorney

Answered 8 years ago | Contributor

Whether it's drugs or guns, anyone can be charged as a co-defendant or party to an offense.  If the state can show that two people shared possession of an item, then both can be charged and convicted.  Even though it's possible, if the co-defendant pleas guilty and takes full responsibility, then it could be a reason for the state to drop the charges against your brother.


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