Legal Question in Criminal Law in New York

Re: Gun and marajuana possession

You can be charged under the constructive possession theory. There are defenses to that theory ,but I would need more specifics to help evaluate that. You may contact my office for a consultation.

Re: Gun and marajuana possession

Of course you can be charged. What you really want to know is can you be convicted? The answer is, if the gun and drugs where in a place where you could have possessed them, then in fact there is a presumption that you did in fact possess them. Your side must overcome the presumption.

Often we see these types of cases in auto stops where a driver and front passenger will have drugs in the glove box but the guy in the back seat is also charged with possession.

A good lawyer can look at your case and tell if there are strong defenses to the presumption rule. If you would like to discuss this further with an experienced attorney, you may contact me by following the links below.

Good Luck.

Re: Gun and marajuana possession

From your question, it's hard to know what you mean when you say you didn't "actually possess" the items. If they were found in a place that belongs to you, like your home or your car, the answer is, Yes, you can be charged with their possession.

James S. Kats, Esq. www.lawjsk.com

Re: Gun and marajuana possession

Being charged is not the issue, if thats done, its done and the best you can do at this point is prepare yourself as best as possible to avoid being convicted. It would be highly advisable to retain an attorney to achieve the best result possible and to protect and preserve your rights as well. This area of law is our specialty, however, we would need some more information before making a complete and proper determination. You are welcome to contact us for a free consultation.

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Re: Gun and marajuana possession

Depending on the circumstances you can be charged under the theory of constructive possession, meaning while you did not physically hold the item you were in control over the area in which is was found. If you have further questions please feel free to contact my office.