Legal Question in Criminal Law in New York
need answers?
I'm not on the lease but, I live with someone and the police came looking for him with an arrest warrant. They looked through the apt for him and found a rifle (Ak), I had no knowledge of. They arrested me and gave me a DAT. They said if I didn't help them find the guy or he doesn't turn himself in by my court date, I would be charged with the crime. They would call child services and tell my lanlord and I would lose the apt. Is any of that true can they do that? Wat would I be charged with as a first time offender?
3 Answers from Attorneys
Re: need answers?
The DAT indicates the charges.It is probably misdemeanor gun possession. You may have possible defenses. I would be happy to further discuss the matter with you . Please contact my office @ 7188340087 to have a phone consultation.
Re: need answers?
There is a number of issues here: from whether the police legally entered the apartment to whether the search and their post-search actions were lawful. While you don't have an obligation to help police do their job, any intentional/knowing obstruction of their ability to do their job may result in certain charges being brought against you based on that obstruction. Feel free to call me for a more detailed consultation.
Re: need answers?
The answer depends (to a large extent) on WHERE the rifle was found (and some other factors, too).
It seems to me you can successfully fight these charges WITHOUT helping the police. Your defense depends on many factors which seem to be in your favor.
James S. Kats, Esq. [email protected]
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