Legal Question in Criminal Law in Texas

My husband was released from prison 2005, he caught a possession of firearm in 1/2006, he was placed on a 5yr probation in 8/07, he was pulled over 10/07 and 2 guns were recovered one in the console one in floor board behind driver seat under mat. He received a 5yr probation for that after he stayed in jail 18months. He was released March 2009, the U.S. Marshalls arrested him at his probation office in May 2009 for the same gun case, what can we do???.. They are saying also if he dosen't take 7yrs they will file a supercede indictment for the 2006 gun case. They are charging him with a 18 usc 922g.. the indicment was sent in Dec while he was incarcerated, they also filed a petit waiver.. Is there anything u no that may be a great argument in these findings. He wants to argue the possession, being that the guns were not on him and were not in plain sight. the police report also states search incident to arrest and he was pulled over for a traffic violation.. The evidence hearing was against based on they also stated the guns were found during the inventory of the vehicle.. Please help!!!!


Asked on 9/01/09, 10:14 am

1 Answer from Attorneys
Keith Engelke Law Office of S. Keith Engelke

This is a complex case. Make sure your husband has an attorney.

there is new supreme court case law on search incident to arrest. There are new conditions that must be present. However, if the car was seized after he was arrested, the police can inventory the vehicle's contents.

The statute you mentioned is a federal law prohibiting felons from possessing firearms.

From what you have written, it sounds like the feds want to prosecute him for a violation of federal law from the same offense. He needs an attorney to help him negotiate with the prosecutors.

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Answered on 9/06/09, 12:01 pm


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