hi a friend of mine is charge for this crime 265.02 FD (CRIM POSS WEAP-3RD DEG D Felony) he was at a home where there were guns when cops rush in for drugs and he was arrested in brooklyn may 26 2011 and everytime he goes to court his case were push to another court date he is now waiting to get bail please help me if you can thank you
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I am a former federal and State prosecutor and now handle criminal defense and personal injury/civil rights cases. Feel free to check out my web site and contact me at (212) 385-8015 or via email at Eric@RothsteinLawNY.com. The above answer is for informational purposes only and not meant as legal advice.
As you know your friend is facing some very serious charges in New York. Penal Law section 265.02 is classified as a "violent felony offense" with significant exposure to state prison. I can tell from your question that your friend is still in jail from May 2011 which means that he has already been indicted by a grand jury or he has some other hold.
In New York, having a weapon in one's home or place of business can be considered a misdemeanor, depending on the circumstances. I would suggest that you or someone on behalf of your friend take a copy of all the court papers and the indictment and have a consultation with an experienced criminal defense attorney in New York City.
Note: For informational purposes only. Seek an in person consultation with an attorney to be informed about all of your rights.
I'm not sure what your question is. I am a former Brooklyn prosecutor so I know they have very strict plea bargaining policies on these cases. Since this arrest is from May I am betting your friend is aware of this by now as well. It sounds like a search warrant case so his lawyer's motion to controvert the search warrant is crucial to helping his defense. The other issues for trial will be what connection your friend has to the location and where the guns/drugs were found in relation to your friend. It will also be important to know whether the police claimed your friend made any statements admitting possession or knowledge about the contraband.
I am a former prosecutor specializing in criminal law cases for over 15 years.
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