Jeremy C. Gelb’s Answers

Jeremy C. Gelb

Philadelphia Criminal Defense Attorney.

Contributor Level 5
  1. Can someone get charged with possesion of a weapon when the registered owner of the weapon's identification is found with?

    Answered over 3 years ago.

    1. Jeremy C. Gelb
    2. Adam D. Zucker
    3. Jason Kutulakis
    3 lawyer answers

    The issue is whether or not the driver can be said to have been in possession of the weapon, and that determination depends on what other evidence, if any, will be admitted at trial. For example, was the driver the only person in the vehicle or were other persons who may have had access to the weapon also in the vehicle? Even if the driver was not in actual possession of the weapon (since the gun was in the console of the car and not on his person), he could nevertheless be charged with...

  2. What type of search can police do of a vehicle without a warrant?

    Answered over 3 years ago.

    1. Jeremy C. Gelb
    2. Randy William Ferguson
    3 lawyer answers

    Whether or not the search of the car was permissible absent a warrant depends upon several factors. First, the specificity of the description of the suspects and the automobile is important; the more detail concerning the underlying circumstances of the robbery, the more likely a court would find stop of the car permissible. Second, assuming the stop was legal, more than likely a court would permit a search of the inside passenger compartment of the car, whether or not the driver or the owner...

  3. What type of search can police do of a vehicle without a warrant?

    Answered over 3 years ago.

    1. Jeremy C. Gelb
    2. Randy William Ferguson
    3 lawyer answers

    Whether or not the search of the car was permissible absent a warrant depends upon several factors. First, the specificity of the description of the suspects and the automobile is important; the more detail concerning the underlying circumstances of the robbery, the more likely a court would find stop of the car permissible. Second, assuming the stop was legal, more than likely a court would permit a search of the inside passenger compartment of the car, whether or not the driver or the owner...

  4. I was caught with about a gram of marijuana

    Answered over 3 years ago.

    1. Carina Laguzzi
    2. Jeremy C. Gelb
    3. Adam D. Zucker
    3 lawyer answers

    I assume from your question that you were arrested and charged with possessing a small amount of marijuana. I recommend that you retain a lawyer, or ask that counsel be appointed for you if you cannot afford a lawyer, to determine if there is a basis to file a motion to suppress the marijuana discovered inside the car. The case law is complicated, and the outcome often turns on the specific facts involved, but you should ask a lawyer to review the police reports to determine whether there was...