How cana felonbe charged with possession of a firearm ifthey weren’t found with a gun?

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How cana felonbe charged with possession of a firearm ifthey weren’t found with a gun?

My 18 year-old son was on probation for burglary and theft. He then got arrested for 4 more burglaries and 4 thefts. He was then charged with possession of firearm by convicted felon. How can he be charged with possession if he had no gun when he committed the crime and none when he got arrested? A gun was stolen from the house he burglarized. Another guy wrote a statement saying that my son sold him the gun. But as far as I know there is no proof besides the word of this guy. Is there anything that we can do?

Asked on January 22, 2011 under Criminal Law, Louisiana

Answers:

M.T.G., Member, New York Bar / FreeAdvice Contributing Attorney

Answered 10 years ago | Contributor

You are putting the cart before the horse, as they say.  In other words, you re getting ahead of yourself.  You seem to have already convicted your son here.  They have CHARGED him with these crimes; he has not been convicted of them as of yet.  You still have to go through the evidence that has been collected against him.  So you need to make sure that he has a good attorney for all of this. Is the gun that the guy says he sold him the gun that was taken in the burglary?  If it is and they can connect him to the burglary then they may try to prove it through that connection - I do not know not knowing the facts and seeing the evidence that they have against him.  Get him help.  Good luck.


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