Legal Question in Criminal Law in Virginia
wrong firearm charge
my boyfried was charged of possession of a firearm while being a convicted felon and possession of cocaine. both the gun and drugs were found inside of a trash can. th drug charge was dismissed while he was convicted of possession of a firearm while being a convicted felon. no fingerprints were found on the gun. only circumstantial evidence stating that he was leaving out of the bathroom during the time the gun was found. if anything should this be a concealed weapon charge or was he rightfully convicted?
1 Answer from Attorneys
Re: wrong firearm charge
Hard to say, but it's possible that the trier of fact(judge or jury) in your boyfriend's case found that the particulars of the circumstantial evidence regarding his alleged "leaving out of the bathroom during the time the gun was found" was indeed sufficient to convict him of the felon in possession gun charge.
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