Legal Question in Criminal Law in Florida

I am a convicted felon. (25 yrs ago). Three weeks ago my spouse and I split up. She left and came back to my house 2 days later with a cop to get her personal effects. While she was packing her things in a back spare room I was in my bedroom taking with the cop. I told the cop that her hand gun was in a drawer right behind him. He asked me to open the drawer and give it to him. I told him that he can open the drawer and get it himself as I was a felon and didn't want any part of the gun. The gun was ALWAYS in a locked box owned and controlled by my ex, but after she left the house I found the gun in a dresser drawer the following day. She phoned me the day after she left and told me that her gun was in the dresser of which I told her I had already came across it. She told me she would get it the next day when she came over with the cops. I want to know if, three weeks after the cop took the gun out of the dresser drawer (and eventually gave it to my ex in the driveway) can the police compel the local D.A. to pursue charges against me for "felon in possession of a firearm"? I am concerned because my ex has informed me that the police department has contacted her asking her questions about all of this and she informs me that it sounds like they are trying to screw me. Can I be charged for her mistake of putting her gun in an unsecure area? Charged three weeks later? Charged when the cops do not have the gun? Please help as I am very worried. Thank you.


Asked on 10/28/10, 11:12 am

1 Answer from Attorneys
Craig Epifanio Craig Epifanio, P.A.

Interesting scenario, but I believe the state would have a hard time proving intent. That said, I suppose it is possible they could charge but since nothing happened that day, it is unlikely. I wouldn't worry but you might want to talk to a couple attorneys just in case so that you are ready if that day ever comes.

Read more
Answered on 11/02/10, 2:28 pm


Related Questions & Answers

More Criminal Law questions and answers in Florida