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Old 03-10-2020, 08:01 PM
Allboys4me Allboys4me is offline
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Default Charged with possession of firearm without having the firearm?

I am in PA and my boyfriend was charged with possession of a firearm, false imprisonment, and recklessly endangering another person. How can they charge him with possession of a weapon without having the supposed weapon?
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Old 03-10-2020, 09:26 PM
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Was he charged with just possession or constructive possession? Did he know there was a firearm and/or did he have access to the firearm?

Constructive possession usually carries the same penalty as possession.


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Old 03-11-2020, 06:37 AM
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Welcome to Prison Talk. A bullet is considered to be the same as a gun for some of the Pennsylvania firearm crimes.
https://www.legis.state.pa.us/WU01/L...18/00.061..HTM
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Old 03-11-2020, 10:25 AM
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Thank you for that link. I have some reading to do.
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Old 03-11-2020, 01:06 PM
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Also research the actual statutes he is charged with violating. Each one has specific "elements of the crime" that must be proven (or admitted to) in order to be adjudged guilty.

If there wasn't a firearm present, the prosecutor will have to be extra devious in order to prove something that wasn't there. One common way is by charging a conspiracy, where one co-conspirator testifies there was a gun, or maybe just that a gun was discussed.
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Old 03-11-2020, 02:07 PM
enigmaingr enigmaingr is offline
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I imagine the police report indicates that the victim will testify to your boyfriend having a gun. Witness testimony is evidence that, when found credible, can support a conviction.


A a trial, the story that gets told by the prosecution, through the victim, will be something like "he pulled a gun on me and forced me into a room. After he left, I called the police". If that's the testimony, found credible by a jury, and no alibi or other sort of defense, then....



Besides, I'm know nothing of PA law, but I imagine the possession charge is the least of the three charges.
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Old 03-11-2020, 08:33 PM
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Quote:
Originally Posted by enigmaingr View Post
I imagine the police report indicates that the victim will testify to your boyfriend having a gun. Witness testimony is evidence that, when found credible, can support a conviction.


A a trial, the story that gets told by the prosecution, through the victim, will be something like "he pulled a gun on me and forced me into a room. After he left, I called the police". If that's the testimony, found credible by a jury, and no alibi or other sort of defense, then....



Besides, I'm know nothing of PA law, but I imagine the possession charge is the least of the three charges.
Without getting into the whole soap opera, it's just not as simple as that scenario. It's a downright huge mess.

I think I am pretty much sick to my stomach at the moment though. I just found out that he waived his preliminary hearing AND waived his right to counsel. I don't even know what to do anymore. His head wasn't in the right place to start with and now this.
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Old 03-11-2020, 10:49 PM
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Quote:
Originally Posted by Allboys4me View Post
Without getting into the whole soap opera, it's just not as simple as that scenario. It's a downright huge mess.

I think I am pretty much sick to my stomach at the moment though. I just found out that he waived his preliminary hearing AND waived his right to counsel. I don't even know what to do anymore. His head wasn't in the right place to start with and now this.
Encourage him to get counsel. He needs a lawyer. Big red flag when they want to represent themselves at this level.
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Old 03-12-2020, 09:30 AM
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Encourage him to get counsel. He needs a lawyer. Big red flag when they want to represent themselves at this level.

Absolutely, he needs an attorney. And he should promptly do whatever he needs to to request one again. If he is locked up pre-trial, it will be nearly impossible for him to effectively defend his case even if he is otherwise competent to do so. And running a trial is not nearly as easy as it may look on TV. Rules of evidence and general courtroom procedure is complex for even attorneys who have studied it in school and practiced it for years...it is not something for even a highly intelligent layperson to just pick up. Half of what he'd what to introduce in to evidence or question witnesses about will probably be objected to and not allowed because he won't know how to properly do it.
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Old 03-19-2020, 04:00 PM
aalbright17 aalbright17 is offline
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my fiance has similar charges and his sentence went from 70 years to a 2 1/2-5 out of philly. def get a lawyer! we used marni j. snyder out of philly. she was amazing!
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