Weed possession w/ firearm.

[Earl6]

I was stopped because the officer said my license plate light was improperly mounted or something to that extent. This all happened last night so I'm in the process of getting an attorney. Would just like a little light on as to what I may be facing. I was taken to the station, held for about half an hour to an hour and was released with just my picture taken and no finger prints or paper work pertaining to my charges.

 

[quincy]

The weed was in my possession. Officer asked me if I had any weed on me I said yes. Was pulled out and as I was being pulled out I informed the officer there was a fire arm in my vehicle ahead of time. My question is, what charges may I be facing, and does the fire arm not being mine possibly make the charges be any less serious.

Thanks for answering my question.

The fact that you don't own the gun does not make any charges less serious.

You will need a criminal defense attorney. The attorney might be able to get any possession charge reduced from a felony to a misdemeanor. You will want to rely on his advice. The attorney will work on getting you the best outcome possible based on the facts and the evidence.

Again I recommend you watch the video and do not speak about your stop and arrest to anyone but your attorney.

Good luck.

 

[Mass_Shyster]

The short answer is that the police can't give the gun back to you without violating Federal Law:

18 USC 922

(d) It shall be unlawful for any person to sell or otherwise dispose of any firearm or ammunition to any person knowing or having reasonable cause to believe that such person—

(3) is an unlawful user of or addicted to any controlled substance (as defined in section 102 of the Controlled Substances Act (21 U.S.C. 802));

Weed is still a controlled substance as defined in section 102 of the Controlled Substances Act

 

[quincy]

The short answer is that the police can't give the gun back to you without violating Federal Law:

18 USC 922

(d) It shall be unlawful for any person to sell or otherwise dispose of any firearm or ammunition to any person knowing or having reasonable cause to believe that such person—

(3) is an unlawful user of or addicted to any controlled substance (as defined in section 102 of the Controlled Substances Act (21 U.S.C. 802));

Weed is still a controlled substance as defined in section 102 of the Controlled Substances Act

The gun belongs to dad.

 

[Mass_Shyster]

The gun belongs to dad.

Was there another thread where he was asking about retrieving the gun? Maybe I have a hangunder (too little to drink last night)

 

[quincy]

The officer said he could retrieve the gun if charges were dismissed.

But it's not his gun.

 

[TigerD]

OP: You need to get an attorney and talk to him or her. It is possible to get the firearm back to your Dad. It is possible to work something out on the charges. But you need a lawyer.

TD

 

[Taxing Matters]

Or not really a combination at all...

Thanks for pointing out the typo. I have corrected my post as a result.

 

[Earl6]

I was also never informed of my rights at any point during the whole arrest.

 

[Taxing Matters]

I was also never informed of my rights at any point during the whole arrest.

The Miranda warning that you see so often in TV shows and movies (the warning that starts "You have a right to remain silent, you have the right to an attorney before questioning...") is only required when the police seek to interrogate you while you are in custody. If you were never questioned in custody then the police never had to give you that warning. If they did question you while you were in custody but did not give you the Miranda warning then the remedy for that is supressing the statements you made during questioning. It does not get the case against you dismissed unless the state lacks probable cause for the crime without your own statements. And if you follow the advice often given to you earlier by Quincy not to talk to the police when you are a suspect (along with a video that explaining why) then whether or not you got the warning doesn't matter because you will not have made any statements you need to get suppressed anyway.

 

[quincy]

A problem I see is that you voluntarily told the officer you had a gun in your vehicle and you admitted to having marijuana (and you voluntarily turned it over to the officer). The officer did not appear to have any reason to search you or your vehicle for either.

Again, you need a criminal defense attorney. Do not speak to anyone but your attorney. Good luck.

 

[HighwayMan]

If you were never questioned in custody then the police never had to give you that warning.

Just to clarify for the OP's benefit...

Asking you standard booking questions (name, address, etc.) does not constitute "interrogation" and does not require Miranda.

 

[Earl6]

So why was I not finger printed at the time of arrest?

 

[HighwayMan]

So why was I not finger printed at the time of arrest?

You'll have to ask the police. It's possible you'll be printed later. Although the fact that you were released with no paperwork/appearance ticket for court has me wondering what happened to you.

You'll have to discuss this with your attorney.

 

[quincy]

So why was I not finger printed at the time of arrest?

Being fingerprinted at the time of the arrest is not a requirement. Do your release papers give you a date and place for fingerprinting? If not, at your arraignment the court should issue an order for you to be photographed and fingerprinted.