MY FIANCE WHO IS A CONVICTED FELON, OUT ON PAROLE, GOT CAUGHT WITH A GUN AND NOW IS BEING TRIED IN A FEDERAL COURT. HOW MANY MONTHS WILL HE GET?

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MY FIANCE WHO IS A CONVICTED FELON, OUT ON PAROLE, GOT CAUGHT WITH A GUN AND NOW IS BEING TRIED IN A FEDERAL COURT. HOW MANY MONTHS WILL HE GET?

THEY RAIDED MY HOUSE AND FOUND THE GUN BUT PRIOR TO THAT HE FOUND THE GUN IN THE CAR AND HE DIDNT KNOW WHO PUT IT THERE.

Asked on June 6, 2009 under Criminal Law, Illinois

Answers:

M.S., Member, Connecticut Bar / FreeAdvice Contributing Attorney

Answered 12 years ago | Contributor

If the police raided your house, there may be a question as to the ownership of the gun.  In order for your fiance to be convicted of possession of the weapon, the government would need to prove that he possessed the gun; however, based upon the facts that you have provided it appears that there may be an issue with regard to the ownership.  For example, it is possible that you possessed the gun, or for that matter, anyone else who co-habitated with you two.  Of course, this assumes that your fiance has not already provided a statement indicating that he did, in fact, possess the gun.  Therefore, before determining your boyfriend's likely sentence, it is first necessary to establish whether any valid defenses exist.  If they do, it is possible that he would not receive any time.  Therefore, I suggest that you consult with and/or retain a skilled criminal defense attorney with respect to this matter immediately.


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