Legal Question in Criminal Law in New York

Gun Charge!!!

THIS IS URGENT PLEASE RESPOND ASAP

One weekend me and a couple of my friends decided to go to a club, there was five of us and i was the driver. on the way home a cop pulled me over and asked to search my vehicle, the search being illegal is arguable but anyway the cop searched my vehicle and tucked inside of a pouch behind the passenger seat on of my so called friends hid a gun. we are on our way to face a grand jury and everyone in the car has been charged with posession of a loaded gun. and posession of a stolen gun two felonies. 3 of us are currently in college, 1 is working, the other has no job, no school, a daughter and a criminal record, everyone else is clean. the gun was found directly in front of the only person with a record. New York state law says that if 5 people are in a car and a gun is found it belongs to everyone. i have a couple of questions i was hoping someone could answer.

1. Can i be charged if i didn't know the gun was there?

2.Will a court really charge 5 people with a crime that only one person could have commited? {i mean 5 people wouldn't share 1 gun]

3. Do you think a jury will convict someone in my position

4. Do you think i have a chance at beating this case?


Asked on 9/06/05, 4:46 pm

1 Answer from Attorneys
Donald G. Rehkopf, Jr. Brenna, Brenna & Boyce, PLLC

Re: Gun Charge!!!

The Answer to ALL of your questions is "YES!" Especially in Monroe County. If you have not yet discussed your right to testify at the Grand Jury with your lawyer, do so as soon as possible. If you do NOT testify, how will they know that you did NOT KNOW about the gun? My understanding - if this is the same incident - is that one of your friends has already had his charges dismissed by the Grand Jury after he testified.

If you do not yet have a lawyer, you need to get one ASAP!

Good Luck.

Read more
Answered on 9/06/05, 5:21 pm


Related Questions & Answers

More Criminal Law questions and answers in New York