New Jersey  |  Criminal Law

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11/16/09, 11:23 am

Legal Question


Can I be charged with possession of a gun if they find a gun in a home that I do not reside in and haven't been there in months and they search the home due to a crime someone else committed? Can you also advise if the person states it is mine if I can be charged? Also, if they find several fingerprints on a gun do they charge everyone?


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11/21/09, 12:07 pm

Legal Answer


Police can charge you with anything they want. Heck, they could even charge ME with the offense, even though I've NEVER been there! Under the circumstances that you present, their ability to prove those charges seems questionable, but that stage of the proceedings arises only after you've first been charged.

You desperately need a good lawyer. In the meanwhile, keep your mouth shut.

A.

Allan Marain

Law Offices of Allan Marain 100 Bayard Street New Brunswick, NJ 08903-1030

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11/21/09, 12:55 pm

Legal Answer


The question is whether the charge can be proved. All that is required to charge someone with an offense is that it appears that the proof may be the basis of a conviction.

If the gun in a house in which you did not reside and while you were not in the house, the proofs against you are very thin, even if your fingerprint is on the gun. For example, one can leave fingerprint without holding a gun and touching an object does not constitute possession of same.

Call me if you like.

Gary Moore

Gary Moore Attorney At Law 31 Mercer Street P.O. Box 1280 Hackensack, NJ 07602-1280

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11/21/09, 7:24 pm

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As Mr. Marain said, the police can do anything. If you are charged or think you may be charged, call me at 732/247/3340 to discuss.

Jef Henninger, Esq

Law Offices of Jef Henninger, Esq. 8 Offices in New Jersey Tinton Falls, Newark, Toms Riv, NJ 08901

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11/22/09, 10:36 am

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If you did not reside in the house and had not been there for months before the gun was found there, I think the police would have a very difficult time trying to prove the charge against you. If the sole evidence they have is a statement that someone else made, this is still not very strong evidence. I wouldn't worry about the fingerprint aspect of the case. Please contact me to discuss your case in more detail. I never charge for just talking to a person about their case. Thank you.

Sincerely yours, -Ronald Aronds, Esq.-

www.njworkerscompensationlaw.com

Ronald Aronds

Law Office of Ronald Aronds, LLC 117A North Union Avenue Cranford, NJ 07016

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