0
Can you be charged with possession of a firearm if you had no knowledge that it was in your vehicle?
Wiki User
∙ 14y ago
Depends on your state statutes. In general, there are "strict liability," crimes and "general liability" crimes. For most crimes, there is the psychical element (the mens rea - meaning "guilty mind") and the physical element (the actus reus - meaning the "guilty act"). That is, for a crime to be committed, there is the "evil intention" known as the "culpable mental state" and the "unlawful action." However, in some states, for such violations as you have described, it is assumed that the "control over a weapon" is a "strict liability crimes," no mens reais required, and the act alone is sufficient to convict, regardless of culpable mental state.
Wiki User
∙ 15y ago
Wiki User
∙ 15y agoYes. The courts have ruled that such a situation places the felon in CONSTRUCTIVE POSSESSION of the firearm. I's the felons responsibility to monitor his own situation. He/She should run with a better crowd. Besides, what did you expect him to say, "Yeah, I knew it was there all along!"
Wiki User
∙ 14y agoYes. It is called Concurrent Possession.
Add your answer:
Earn +20 pts
Who is charged when a firearm found in a vehicle?
Assuming something about the firearm or the manner in which it was transported is illegal, usually whoever is closest to it will be the first one to come under suspicion. If there's doubt, everyone in the vehicle can be detained and question until someone admits to possession of it.
Is a felon considered in possession of a firearm if it is in a vehicle with them?
yes it is within your possesion
Can you be charged if the firearm is not operational?
The answer is almost always "YES". You can be charged with a crime related to firearms possession if the weapon is old, broken, damaged, incomplete, fake, a non-lethal toy or sport item, etc. For example, if you walk into your school carrying a paintball gun, you will almost certainly be charged with a felony. If you have just part of a gun in an accessible area of your car in California, you will be cited for a felony. Even a gun clip with bullets in it is considered a deadly firearm in a motor vehicle.
Can you be charged if a firearm is found outside of the car your in?
Not unless it can be proven that the firearm is linked to the occupants of the vehicle - either by fingerprint or DNA evidence. The 'burden of proof' is on the police to prove you, and the firearm are linked.Added: "Charged" and "arrested" are two entirely different matters.You can be arrested because the officer has PC (probable cause) to believe that the firearm just didn't sprout up from the ground alongside your vehicle. However - unless he witnessed you throw or drop it from the car, some link to the occupants of the vehicle will have to be made before the prosecutor can charge you with the offense.
Can you get charged with possession if you are riding in the vehicle with someone who has meth on them?
The answer is yes, for a couple of reasons. When the vehicle gets pulled over, the person may toss the drugs on the floor. If he doesn't admit doing that, everyone in the vehicle can be charged with the drugs. If you know that the meth is in the vehicle and you get pulled over and either you or the other people in the vehicle admit that you knew it was there, you can be charged with possession. If the meth user keeps the meth on him and does not implicate anyone else, and no one else admits to knowing about it, then the other passengers should not encounter legal problems.
Can you be charged with a stolen truck if you get behind on payments?
If they come to repossess it, and you claim to not know where it is, then the repossession agent will report it stolen. At that point, anyone found in possession of it is in possession of a stolen vehicle.
Can a convicted felon ride in a car with a person who possess a firearm?
It is a federal crime for a convicted felon to either own or "POSSESS" a firearm, of ANY type, ANYwhere, for ANY reason. Being in close proximity to a firearm (as in riding in a vehicle with one) places the felon in "constructive" possession of the firearm, therefore, he would be in violation of the law. Furthermore, if the person with the firearm KNEW that the other person was a convicted felon they MIGHT be charged with 'aiding and abetting.'
If drugs are found in a car and are not claimed by anyone in the car can the passenger or passengers be charged?
I can only speak for NY. If drugs (narcotics) are found in a vehicle and noone claims them then everyone in the vehicle can be charged with possession. If it is marijuana, then only the driver can be charged with possession. That is according to penal law in NY state. Who owns the car? Then ,who was in the car? Common sense, last person there, name on the car, Hello!
Can I be charged for rental and impound fees if vehicle is not in your possession?
The fees and fines are the responsibility of the registered owner. You can sue the driver if you want to get the money back
What can the owner be charged with if someone throws drugs out of the window without his knowing about it?
If drugs are thrown out of a moving vehicle, and a police dash cam captures it, then every person in the vehicle can be charged with possession, obstruction, and destruction of evidence. All of which can potentially be felony charges resulting in a minimum sentence of 365 days.
If the cosigner has had possession of vehicle 15 months paying the payments does the primary have the right to the vehicle?
will primary on a auto loan have right to the vehicle if cosigner has been paying loan for 15 months and has possession of vehicle will primary on a auto loan have right to the vehicle if cosigner has been paying loan for 15 months and has possession of vehicle
Who can be charged with possession of drug paraphernalia when there are 3 occupants in vehicle?
Driver is responsible. At least in Europe.Added; (in the US) Unless the paraphernalia is actually found on one of the occupants, if all passengers in the interior opf the car could have conceivably reached it, all can be charged with "Concurrent Possession." (e.g.: If the paraphernalia was in the glove compartment, and the back seat passenger could not have had ready access to it, only the two front seat occupants would be charged, the back seat passenger would not be charged.)
