Legal Question in Criminal Law in New Jersey

Can I be charged with possession of a gun if they find a gun in a home that I do not reside in and haven't been there in months and they search the home due to a crime someone else committed? Can you also advise if the person states it is mine if I can be charged? Also, if they find several fingerprints on a gun do they charge everyone?


Asked on 11/16/09, 11:23 am

4 Answers from Attorneys

Allan Marain Law Offices of Allan Marain

Police can charge you with anything they want. Heck, they could even charge ME with the offense, even though I've NEVER been there! Under the circumstances that you present, their ability to prove those charges seems questionable, but that stage of the proceedings arises only after you've first been charged.

You desperately need a good lawyer. In the meanwhile, keep your mouth shut.

A.

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Answered on 11/21/09, 12:07 pm
Gary Moore Gary Moore Attorney At Law

The question is whether the charge can be proved. All that is required to charge someone with an offense is that it appears that the proof may be the basis of a conviction.

If the gun in a house in which you did not reside and while you were not in the house, the proofs against you are very thin, even if your fingerprint is on the gun. For example, one can leave fingerprint without holding a gun and touching an object does not constitute possession of same.

Call me if you like.

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Answered on 11/21/09, 12:55 pm
Jef Henninger, Esq Law Offices of Jef Henninger, Esq.

As Mr. Marain said, the police can do anything. If you are charged or think you may be charged, call me at 732/247/3340 to discuss.

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Answered on 11/21/09, 7:24 pm
Ronald Aronds Law Office of Ronald Aronds, LLC

If you did not reside in the house and had not been there for months before the gun was found there, I think the police would have a very difficult time trying to prove the charge against you. If the sole evidence they have is a statement that someone else made, this is still not very strong evidence. I wouldn't worry about the fingerprint aspect of the case. Please contact me to discuss your case in more detail. I never charge for just talking to a person about their case. Thank you.

Sincerely yours, -Ronald Aronds, Esq.-

www.njworkerscompensationlaw.com

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Answered on 11/22/09, 10:36 am


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