Legal Question in Criminal Law in New York

I was charged with 3rd degree possession of a gun. They found it searching my home based on a search warrant for my brother. the warrant said "electronic devices" and things of that nature. The gun was in my room (which was locked) and in a walk in closet which was packed with clothes. The cops busted the room open and after a hour they found it. I took the gun from my little brother and hid it in my room. I told the cops that also, they questioned his and he said yes to it. I am still charged though. Now can i be convicted for this and how much time am I facing?


Asked on 4/08/10, 5:50 pm

3 Answers from Attorneys
peter bark bark & karpf

You have two issues here. First the scope of the warrant. If it only called for the search of your brother's room, the search of other portions of the house are illegal but if it called for a search of the entire residence, you may be out of luck, unless you fight the warrant on the grounds that there was no probable cause to issue a warrant beyond your brother's area of the home. Second, why are you being charged with a felony, if the weapon was found inside your residence, which is a misdemeanor, unless you have a prior criminal conviction. As a felony you are facing State Prison.

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Answered on 4/13/10, 7:57 pm
Robert Evans Robert S. Evans esq.

You may have suppression issues regarding the introduction of the gun at trial as well as the validity of the warrant itself. You are facing jail time so I would recommend retaining a competent experienced criminal defense attorney ASAP. You may contact my office @7188340087 to set up a consultation.

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Answered on 4/15/10, 9:24 am
Steven Czik CZIK LAW PLLC

You may very well have justifiable reasons to suppress the evidence against you, but it would be highly recommended to have an experienced lawyer with you defending you and preserving your rights in court. It would also greatly increase the chance of lowering the charges or possible dismissal. We have substantial experience handling these types of cases and reasonable fees, however, we would need some more information before making a complete and proper determination. You are welcome to contact us for a free consultation.

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Answered on 4/15/10, 11:02 am


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