You can certainly be charged with it, but being convicted of this offense is a different matter. Constructive possession is one area of the law that is still good for defense attorneys. It is a much better defense if there are other people in the car as well, but either way the state must prove that you knew about it and that you had the ability to control it. If you were the sole occupant of the vehicle, the jury is allowed to presume that you had knowledge of the gun. However, just because they are allowed to, doesn't mean they have to. Details regarding who the owner of the car is and where the gun was located will both be factors in that assessment. You may contact my office for a consultation if you wish.
Yes. The argument is that because you had dominion and control over the area (console), you knew or should have known the gun was present. It is a weak case, but you can be charged. The state usually tests the gun for prints and/or DNA. If either come back to you the case becomes much stronger. Immediately hire an attorney.
John S. Riordan, Esq., RIORDAN & HERMAN, PL., West Palm Beach, FL, (561) 650-8291. Mr. Riordan is a former Palm Beach County Prosecutor and an experienced criminal defense lawyer handling cases in both State and Federal Courts throughout Florida.
The answer provided is for educational purposes only. It does not constitute legal advice or create an attorney-client relationship. You should consult an attorney for legal advice regarding the facts of your specific case and designed to help you with your personal needs.
Yes, you can be charged. Whether you can be convicted is another question. How can you prove that you had no knowledge? The owner of the car may know whether you knew. But if the owner is also a convicted felon, that would not work. Who knows that you did not know and is credible? Get an attorney on this.