Legal Question in Criminal Law in Pennsylvania
Criminal Law
The defendant was charge with PA 18 6105. The said firearm was not found in his possession but in the home of then pregnant ex girlfriend. PA code 18 6104 states (to my understanding) that to be found guilty of a crime in PA 18 6105 one must be in physical possession, use or attempt to use, etc. The defendant was apprended outside of the home (where he did not reside). When in custody the defendant signed a statement claiming ownership of the gun due to the police stating if he did not they would then arrest the ex who was 8 months pregnant. Can that statement be recanted due to being under duress?
3 Answers from Attorneys
Re: Criminal Law
There is something missing here. Why were the police at the home of the ex-girlfriend? Why would it be a crime for her to have a firearm at her home?
Was the person on parole or probation? Was the firearm really his?
Re: Criminal Law
And why would it have been illegal for the ex to have the gun? Given that it probably wouldn't have been, the defendant had NO reason to say that it was his. So, what's the REAL reason he said it was his? Was it?
How is it that the police searched the home and found a gun? Why were they there in the first place?
You have to answer a few more questions in order for anyone to understand what is going on here.
Re: Criminal Law
The state can always be recanted.
The question is, "what will the consequences be if he recants the statement?"
The statement can be used against him at trial. He can testify at the trial to say he lied in the statement. However, its 6105, which means he is a prior convicted felony. what is the felony for? if it involves theft or dishonest, the conviction is admissible. If the jury or judge knows about this conviction, surely it will have a negative effect.
Good luck and feel free to email [email protected] or call 215.825.5183. Good luck.
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