My boyfriend borrowed a truck to go to Wawas when he fell asleep and a police officer tapped on the glass and saw a gun (not sure exactly where but he said under the arm rest of the truck) and they arrested him and searched the vehicle and charged him with 2 counts of felon possession, 1 count of open carry of a weapon and one count of unlawful transportation of paraphernalia. Hes on federal probation and doesnt not own a gun. He also doesnt do drugs, hes been reporting to his probation officer and taking the drug tests. When he called he said he didnt have any idea what was in the truck he just wanted to go to the store and come see me in a hurry because im very hormonal right now so i was yelling at him and i was pushing him to come see me, that was the first time he had the truck and the truck is regularly lent out to other people. i just really need someones help please.
There may be a way to beat some, if not all, of the charges, depending on his believability and the witnesses he can call. He is entitled to an attorney and he is foolish if he doesn't have one. The attorney will know how to handle the matter.
You have described the makings of a defense to his charges (the substantive State case and his sure to happen federal VOP) surrounding lack of knowledge / intent (which is / are essential elements in both the substantive and imminent VOP charges).
Still, and please believe me, your b/f can be found guilty on the circumstances alone (i.e. for simply being in the wrong place at the wrong time), so you absolutely need a skilled and experienced Brandon area criminal defense lawyer who can piece it together and convincingly present it.
The best way for you to get competent advise is going to be to consult with an experienced and local criminal defense lawyer who can follow-up on your information with questions of her/his own, as well as review the police reports and whatever evidence that you may provide and then offer an informed opinion.
My advise: GET OFFLINE (caps intentional) and into a skilled and experienced Brandon area criminal defense lawyer's office. Use the "Find a Lawyer" feature on AVVO to locate proximate lawyers, make an appointment, show up on time, bring whatever evidence, documents or witnesses that you may have, engage in a meaningful face-to-face consultation and get yourself some advise which is legally sound and has been custom tailored as possible to meet your specific reasonable needs in your unique case.
I hope that I have been helpful in answering your question.
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Get an attorney for him. That is the best way for you to help him.
R. Jason de Groot, Esq. We do not have an attorney-client relationship. I am not your lawyer. The statements I make do not constitute legal advice. Any statements made by me are based upon the limited facts you have presented, and under the premise that you will consult with a local attorney. This is not an attempt to solicit business. This disclaimer is in addition to any disclaimers that this website has made. I am only licensed in Florida.
It comes down to a witness credibility issue. In other words, would a jury believe that your BF had no idea those items were there. The other side to this is the federal probation. Unfortunately, the standard is much lower to prove a violation of probation, so you should talk to an attorney about all of this.
Your boyfriend needs an attorney immediately. The federal VOP would be of greatest concern because the burden of proof is far lower than a substantive criminal case. The state would most likely allow the VOP hearing to take place in the federal system and if a violation is found you BF is most likely off to federal prison. If the owner of the truck is willing to testify, or someone else who knew that the firearm was in the truck prior to your BF borrowing the vehicle, your BF would have a very defensible case. However, if law enforcement could see the firearm in plain view, the assumption would be that your BF could as well.
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