What to do if I was charged with unlawful possession of a firearm by felon?

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What to do if I was charged with unlawful possession of a firearm by felon?

I was riding with a co-worker and did not know he had a firearm in the vehicle. When the cops stopped us they found the firearm under the console and charged me with it. I never knew it was there. My co-workers wife is the owner of the firearm and she has the receipt showing it is registered to her. What should I do?

Asked on October 29, 2012 under Criminal Law, Texas

Answers:

Kevin Bessant / Law Office of Kevin Bessant & Associates

Answered 8 years ago | Contributor

Typically a convicted felon can not be in possession of a firearm. The issue in your matter is whether or not you "knowingly possessed" the firearm in the vehicle. Possession can be "physical" possession, meaning it is on your person/body, or "constructive possession", meaning that the weapon is within your vicinity or reach. First I would advise you to speak with a criminal defense attorney in your area as gun convictions can carry stiff penalties. Secondly, it would be helpful if you co-worker's wife or owner of the vehicle comes forward to take responsibility for the gun being in the car.


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