Gun Possession Legal Guidance

Summary

In New York, you can be charged with gun possession under the principle of constructive possession, even without physical contact. If you lack funds for a private attorney, you may qualify for a public defender. If dissatisfied with your public defender, you can request to act as a pro se defendant, but must prove competency to the court. Self-representation carries risks, so consider seeking free legal advice.

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Hello,I have a question regarding my case.I was in the car with two other people.Long story short,we was pulled over by the cops.A gun was found in the car.I was not aware that there was a gun in the car.I am not the owner of the car and I was not the driver of the car.I was the only one arrested.My fingerprints is not on the gun.I am the only one being charged.Wouldn’t everyone in the car get arrested?If my fingerprints is not on the gun and I am not the owner of the car,can I still be charged?
Hello ****, I understand your situation. In New Jersey, the law operates under the principle of "constructive possession," which means:
- You can be charged if it's believed you had knowledge and control over the gun.
- The charge doesn't require physical contact with the gun.
However, a good defense attorney can argue lack of knowledge. It's crucial you consult with one.
This situation happen in Syracuse,NY.
Hello ****,
In New York, similar to New Jersey, the concept of "constructive possession" applies. This means:
- You can be charged if it's believed you had knowledge and control over the gun.
- The charge doesn't require physical contact with the gun.
Please consult with a defense attorney in Syracuse for detailed advice.
I can’t consult with an attorney because I do not have the funds.I was not aware of the gun in the car.
Hello ****, I understand your financial situation. You may qualify for a public defender who can represent you for free. To apply, you can contact the Syracuse City Public Defender's Office. They can guide you through the process.
The public defender that is on my case is not a good attorney.He is not helping my case in the slightest.It is like he is working against me.I want to be the lawyer of my own case but I do not know what to do to get out of this situation
Hello ****, I understand your predicament. In legal terms, you want to act as a "pro se" defendant. Here's what you need to do in NY:
- Request the court to relieve your public defender
- You must prove you're competent to represent yourself
- The judge will decide if you can proceed pro se
Remember, self-representation has risks. Consider seeking free legal advice before proceeding.
Thank you.
You're welcome, ****. If you need further assistance or have more legal questions, feel free to connect with FreeLawChat. Good luck with your case.
Ok.Thank you.
You're welcome, ****! Don't hesitate to reach out if you have more questions in the future. Best of luck with everything.
I will.Thank you,have a great day.
You're welcome, ****! I'm glad I could help. Don't hesitate to reach out if you have more questions in the future. Wishing you the very best with your situation. Have a great day!