Legal Question in Criminal Law in New York

firearms

im a convicted felon whos married to a non-felon who has no record at all. she has several firearms which she keeps locked in a gun safe only she can get to. the atf told us two years ago that this was acceptable. now we had an argument and the local police took her guns illealally while i was charged with harassment and my wife refuses to be against me in local court. shes a hostil wittness and whats her guns back. well the locals are now working with the atf to see if i can be charged or even her . i didnt have access to them as they were always locked up. now the cops are saying they were loaded in a closet where the kids and i had access which is a lie, she kept them in a locked safe. my wife the victim has now become the suspect since she refuses to press charges against me. can i be charged without ever having contact with them. we have numerous witnesses and the mail lady as no police ever entered the home to get guns they were in the wife friends trunk when the police arrived and she told them they were in her trunk in the street when police took them


Asked on 6/05/08, 2:24 pm

2 Answers from Attorneys
Anthony Colleluori The Law Offices of Anthony J. Colleluori & Associates PLLC

Re: firearms

You can cut out a lot of this by getting your wife an attorney who will not stand down in the face of the police or DA. He needs to tell them, your wife will not testify, that if she is called she will not testify to what they want her to say. That if she is called she will have to be subpeonaed and will not speak with them prior to giving her testimony.

And that she wants her guns returned immediately or she will file an Article 78 against them.

In the future, she should refrain from calling the cops unless she wants and will see an arrest through to the end.

They are not there to settle disputes, they are there to make arrests. If you want to settle a dispute, call a lawyer. Meanwhile maybe a little anger management class or two would help you both.

Good luck.

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Answered on 6/06/08, 12:37 am
Carlos Gonzalez Gonzalez Legal Associates PLLC

Re: firearms

It seems as if both of you need IMMEDIATE representation, It may be possible for you to protect the both of you from furthr charges...

Feel free to contact my office for a consultation regarding these cases.

Also, feel free to listen to our podcast on the criminal system at

cgonzalezlawfirm.podbean.com

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Answered on 6/05/08, 3:39 pm


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