gun possession on naval base

[slgastin]

What is the name of your state?What is the name of your state? Virginia

My friend was on base because he had duty. When he arrived to his car his car was searched because someone he doesn’t know thought he stole his lap top. A lap top was not found, but a gun was found under the passenger seat. He was arrested and he is now in the naval brig. He didn't know the gun was there. The gun belongs to his cousin and is registered. The gun has not been used to commit any crimes. His appointed lawyer told him that he will get a two and a half year sentence. He also told him if he fights it and looses he can get a five year sentence. He doesn't have a past criminal record. Should he try to get another lawyer or is there no possible way he can serve less time.

[badapple40]

I would think this is a defensible case. Do you know what he is charged with specifically (I'd like to know the charges and specification(s)) prior to giving better advice.

There is usually some type of mens rea, even in possession cases (drugs OR weapons), and this case seems like it could be good for a mistake of fact defense.

Let me know the exact charges and we can talk about how to go about defending him.

[slgastin]

He actually has more charges than I knew about before I submitted this post. He was also charged for the lap top but it was not in his car or possession. With all these charges I guess there is no way for him to get less than two and a half years. Or can he still be helped? His charges are:

• Disobeying lawful order
• 3 counts of larceny ($1400 lap top and wrongful license plates)
• Possession of marijuana under 30g
• False base tags
• False official statement

[badapple40]

Yes, he can be helped. A good defense attorney can dispose of about 1/2 of those charges and negotiate a sentence on the rest, or, at least, thats what I would try to do.

[slgastin]

Since they found the gun and marijuana ashes when they were actually looking for a lap top would that be suppressed evidence? Could you let me know exactly what suppressed evidence is?

[badapple40]

Originally Posted by slgastin

Since they found the gun and marijuana ashes when they were actually looking for a lap top would that be suppressed evidence? Could you let me know exactly what suppressed evidence is?

No -- unless they did not have probable cause to search the vehicle, which it appears they did.

Evidence is supressed only when it is taken or seized or discovered as a result of a constitutional violation by the police. Here, the police had a tip from a known person that the accused took a laptop. That tip need not be accurate, it need only have an "indicia of reliability." They had probable cause to search for the lap top. Therefore, anything else they found while searching for that lap top will not likely come in (there may be issues of them finding items in containers that could not reasonably contain a lap top, and if that is the case, there may be grounds to file a motion to supress -- assuming that they had not found other evidence in the meantime justifying a more thorough search or that they had not arrested him).

If they arrested him, it becomes a search incident to arrest, and the entire vehicle's passenger compartment can be searched (but not the trunk -- though they can search the trunk as a result of the probable cause for the lap top).

As I said, better plan on pleaing this one out.