Can I be found Guilty for Possession of ammo by felon, without knowledge it was there?

Asked about 4 years ago - Quincy, IL

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?

Attorney answers (2)

  1. Alexander M. Ivakhnenko

    Contributor Level 20

    Answered . 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.

    DISCLAIMER

    The answer given above by the lawyer serves for educational purposes only and provides general information and a basic understanding of the applicable law.
    Take notice that the answer above does not create an attorney-client relationship as this website is not intended to provide anyone a specific legal advice. Anyone using the site expressly consents that there is no attorney client privilege between any person and any attorney responding.
    Further take notice that the site should not be used as a substitute for any professional and competent legal advice by a licensed professional attorney in the applicable jurisdiction.
    The attorney above attempted to provide competent professional information, however, the law and its applications change frequently and may vary greatly from other U.S. jurisdictions and locales.
    Therefore, any information and materials provided above are general in nature, and may not apply to specific factual specific legal circumstances involving one’s personal legal issues.
    Contact an experienced criminal defense lawyer admitted to practice in your State under an attorney-client privilege to further receive a competent legal advice before making any important decisions about your particular legal issue. For further inquiries please contact:

    Attorney Alexander Ivakhnenko
    773-562-8602
    http://alexanderivakhnenko.com

  2. Michael J. Helfand

    Contributor Level 16

    Answered . 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.

Can't find what you're looking for? Ask a Lawyer

Get free answers from experienced attorneys.

 

Ask now

25,118 answers this week

3,046 attorneys answering

Ask a Lawyer

Get answers from top-rated lawyers.

  • It's FREE
  • It's easy
  • It's anonymous

25,118 answers this week

3,046 attorneys answering