Legal Question in Criminal Law in Michigan

weapons possession

If you are on probation 3 DWI convictions and they find rifles in your carport that were from a roommate that has not yet moved out his things and are registered to him but there are none in your home registered to you are belonging to you, can you be arrested for violation of probation?


Asked on 5/17/07, 9:08 pm

1 Answer from Attorneys

Regina Mullen Legal Data Services, PLC

Re: weapons possession

Yes: possession is possession as far as charges go. You now are in the position of having to defend yourself and prove that you did not "possess" the weapons.

If the court order was broader, you might be completely out of luck, but at least you can argue that you did not have them just because they were in your car port,--particularly if the carport is shared.

But, if the court reads possession as meaning "control" or "within an area you jointly control," then you're probably SOL.

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Answered on 5/17/07, 9:25 pm


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