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?
1 Answer from Attorneys
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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