handgun violation

[badraid]

I live in Baltimore Md and the local police raided my home. No one was present at the time of the raid and an illegal pistol was recovered. The states attorney has now charged a family member with possesion of the weapon even though it is not registered to the person nor was the person present during the raid. I thought in order to charge a person with possesion the person would have to be present in order to exercise control over the weapon.

 

[Tracey]

The state may be relying on the doctrine of constructive possession - the gun was in the home and the def controlled/possessed the home. Ergo, the def possessed the gun.

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This is not legal advice and you are not my client. Double check everything with your own attorney and your state's laws.