Legal Question in Criminal Law in Illinois

Fire Arms

My son was with a friend who stoled a gun from his mother, but he was unaware that his friend did this.

My son was also over at his friends house when the police came, the gun was in his friends basement they are both being charged with possession of a firearm without a FOID card, and burgulary.If my son lives with me, and the gun was at his friends house, how can my son be charged with possession? Also they say he is looking at a minumum of five years, is this true?

Thank You


Asked on 8/05/02, 3:20 am

2 Answers from Attorneys
David Shestokas Shestokas, & Associates

Re: Fire Arms

He can be charged on an accountability theory, where when someone helps another commit a crime they can be responsible as if they had done it. Under the facts given it may be unlikely that a conviction will follow, but for that to happen your son needs competent legal help. I can be reached for consultation at 630-243-0099.

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Answered on 8/05/02, 8:19 am
Michael R. Nack Michael R. Nack, Attorney at Law

Re: Fire Arms

It may be that there are other relevant facts which you may not be aware of or which you did not include in your question. In any event, there are various legal theories under which your son might be charged with a crime. An attorney would need to know exactly what the charges are and exactly what the evidence against your son is in order to be able to provide legal advice. If your son is not represented by legal counsel, he should be. I would strongly advise you to hire the best criminal defense attorney you can afford. It would be very bad for your son to receive a criminal record because of his association with this "friend" of his. If your son does not already have an attorney, I might be able to help depending upon where you are located. You may call me for a free telephone consultation at 314-727-2822.

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Answered on 8/06/02, 8:35 pm


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