Legal Question in Criminal Law in California

Can my husband be charged weapons that were in his friends car even if they werent his, his fingerprints arent on them, he was just getting a ride home

Asked on 9/29/09, 4:40 pm

2 Answers from Attorneys

Edward Hoffman Law Offices of Edward A. Hoffman

Yes. Possession is not the same thing as ownership. It is possible to possess things that other people own; in fact, it happens all the time. It is also common to leave no fingerprints on an object one has handled, especially a smooth metal object. Also, people routinely possess things without touching them.

None of this means your husband is guilty, of course. He may very well be innocent. The facts you recite will be useful to him if the case goes to trial. What you asked is merely whether he can be charged in spite of these facts. The answer to that question is yes.

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Answered on 9/29/09, 4:46 pm

Brian Dinday Law Offices of Brian R. Dinday

To elaborate on what Mr. Hoffman said, any innocent person can be charged with anything. "Possession" does not need ownership; that is certain. But it DOES need control or some act showing the exercise of "dominion". In other words, just being near a gun is not possession, or a felon could be arrested for walking past an armed police officer. Your facts do not even indicate that your husband KNEW the guns were there. You certainly can't "possess" something you don't know exists.

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Answered on 9/29/09, 5:00 pm

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