I borrowed my father truck, was stopped and searched, and one (1) lone .22 cal shell was found in the glovebox. I did not know it was there, He is an avid hunter, and has a foid card, and feels bad that I may be found guilty of this offense because he thought he took them all out. I am a felon and know I can not be in possession of any weapons or ammo, But I do not own the truck, it is not in my name, can I still be found guilty? without knowing it was there? doesent the law state with knowledge and intent?
You are absolutely correct, as a felony charge of unlawful use of weapon (or possession of ammunition) by a felon the State must prove each element of that offense beyond the reasonable doubt. And the Illinois Penal Code does require a mental composite for that offence, which is knowledge.
I had defended several cases of similar nature and that required attention to detail with respect to cross examining the State's witnesses. Also, in your case a defense witness, the father who owned the truck may present testimony that he inadvertently left the .22 cal. shell in the glove box. However, the case does require a good criminal attorney for its defense since potentially your liberty is on the line.
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Attorney Alexander Ivakhnenko
Workers' Compensation Lawyer
Get an initial consultation with a criminal defense attorney to talk about any defenses you may have. An initial consultation shouldn't cost you anything and is a good way to get all your questions answered. Handling something like this on your own probably isn't a good idea. Look for someone who has handled similar cases in the past, does mostly defense work, has a good local reputation, etc. If you need a recommendation, feel free to call. 1-800-517-1614.