gun charge

[timothyftown]

Hello,

I am from syracuse,ny, Two days ago my friends girlfriend called the police saying that he pointed a handgun at her. The police found my friend that night and took him into custody but they didnt find a gun in his possession nor would his girlfriend write a statement against him. The following day the chief of police contacted my friend and asked him if he could find a pistol and turn it into the police and in return they would help my friend with his probation officer. So my friend found them a pistol and turned it into the police chief in return the chief handed my friend a statement stating that my friend found a pistol and turned it into police and he wasnt being charged with possessing a firearm. The following day after that he called my friend and asked him to come down to the police department because he was being charged with a misd charge of possessing a firearm. The officer never read my friend his rights nor told him what he was being charged with and then they brought him infront of a judge and the judge and ADA charged him with criminal possession of a firearm a class C felony. I am just wondering if this will hold up in court and how much time my friend is facing if convicted.

[FlyingRon]

Your friend is in serious need of a lawyer. While I'm not sure I follow the logic in any of this, this is one of the few times entrapment actually seems to be validly held based on the facts present.

"Being read your rights" is not a issue here. That only applies to being questioned after the arrest.

[JETX]

Originally Posted by timothyftown

I am just wondering if this will hold up in court and how much time my friend is facing if convicted.

Of course the charge will hold up. As for 'how much time'.... no one can answer since there are simply too many variables. You need to get an attorney for your 'friend'.
Also, did you forget to tell us that your 'friend' has a felony record??

[cyjeff]

Where did your friend "find" a gun?

[timothyftown]

no, he has no prior felonys a few misd on his record for unrealated charges.
He got the gun from someone he knew so that he could turn it in. The gun wasn't reported stolen or used in any other crimes.

[acmb05]

Originally Posted by timothyftown

no, he has no prior felonys a few misd on his record for unrealated charges.
He got the gun from someone he knew so that he could turn it in. The gun wasn't reported stolen or used in any other crimes.

Now that was just stupid.

mere possession of a loaded firearm outside your home or place of business without a permit is punishable as a "C" violent felony. This offense carries a minimum sentence of three and one half years in state prison if that possession is without a license and the district attorney does not make you an offer