Legal Question in Criminal Law in Massachusetts

Possession vs. Proximity

Possession vs. Proximity - Federal Law Question.

I was a guest in someone else's home, in an area which was rented to a third party. A gun was found by the local police, well hidden near where I was located when they entered. It was originally a state (MA) charge, but the local's don't like a website I host, wanted to screw me worse than they could under MA state law, so they enlisted the feds to charge me with felon (long ago) in possession of a firearm.

It's still in pre-trial phase. The judge already brought up the fact at a hearing that the case is based on proximity, not possession, wanting to know why I was being charged with possession.

What constitutes possession under federal law? I did not know it was there, my fingerprints, dna, etc. did not appear on the gun, and they can't possibly prove that it was mine or than I knew anything about it. No witnesses, except for two that knew it belonged to the person renting space from the property owner.

I have a good, well known lawyer, who is charging me out the behind, but it appears he's doing very little. Court date is coming up in a few days, so I'm getting a little nervous.

Thanks,

B


Asked on 9/05/03, 10:38 am

1 Answer from Attorneys
henry lebensbaum Law Offices of Henry Lebensbaum (978-749-3606)

Re: Possession vs. Proximity

the issue centers on the factor of possession vs mere presence. However, there seems to be a functional breakdown in your attorney-client relationship. I would suggest that you try to work out your financial and legal conflicts & problems with your attorney quickly, or get another attorney.

Read more
Answered on 9/05/03, 9:03 pm


Related Questions & Answers

More Criminal Law questions and answers in Massachusetts