Weapons, Guns, Firearms What Can I Do & What Will Happen?

I have been recently been charged with possesion/sale/transfer of an firearm...Well, it all started Jan, 19. of this year. A friend of mine(not anymore) and his friend came to my house that night & asked if I wanted to go for a ride, I don't get out alot, so I said, "Yes" & unwittingly entered the car, which belongs to his mother, so as we went riding around for a couple minutes we stopped for gas and met up with my friend's, at the time, sister. While he stopped to talk to her he asked for sum money for the gas, but she would only give it to him if he went home, it was gettin late, so he agreed. As we got back on the road he started to go towards his home as we got close, I guess he thought of sum where else to go, he started to towards my home (I thought he forgot to drop me off, so he was going to go do that), but he turned off my road. I don't know where he was going, but we had got on a different road, while he was driving on that road, we saw there was a roadblock by County Police. I guess he hadn't got his driver's lisence, so he drove into a driveway to turn around, as he did so the police started to chase us, as they did he freaked & started to speed up hoping to get away from them. He couldn't get away because his car started to stall so he jus pulled over as they got close. Then the officer approached his window and asked for legal documetion(driver's ID, Insurance, etc.) to him, he said he didn't have any. So the officer asked him to step out as he did the officer said he could smell marijuana in the car, and asked if we smoked, had any substance, or firearms in the car we said NO. As the officer gotten him out he patted him down, nothing to be found, so started to ask for his name and everthing. The other officer started to get his friend out of the car and started to pat him down, they had found a small amount of marijuana on him (I didn't know about that). So they cuffed him, when he go back he asked me to get out and patted me down, nothing to be found, so he told me to keep my hands on the car. As he finished searching me he started to search the car a couple minutes later he came out and started to handcuff me, I asked' "Why are you cuffing me" He said for possession of a gun, I said, "What GUN?!" but he proceeded to cuff me anyway. Since, I didn't claim it was my gun, which it wasn't and I didn't know there was going to be a gun in the car, they started to cuff the last person, the driver, that wasn't cuffed and charged all of us with Possession of an Altered Firearm, they told me its altered because the serial number was filed off. So I spent 4 nights in our local correctional facilty, because it was the weekend and couldn't see a judge till Monday for bail hearing. So now I'm out and need help because I am truly a victim of circumstance, I have my whole life ahead me (college and even thinking about enlisting in the marines!) but I can't do none of these thing because I am charged with this felony. I don't have any records, and never been charged with anything ever! I applied for a job so I could get sum money for college but even they can't consinder me because of it. I am Native American so I can get a free lawyer but they are not criminalist, and can't even work on my case because I'm not even indicted yet! I have sum money saved up so I could probably afford a criminal laywer. But what I want to know is what can I do: Can I get a lesser charge, Can I avoid jail/prison, or can I get expunged. Can they even convict all of us for 1 gun?
If I can't do none of things and they try to convict me anyway what am I looking at? Any advice well be greatly obliged and thank you for your time at hearing me out. And you can reach me at bugz112003@yahoo.com.

P.s.

Please note that I am from Carthage, Mississippi. Thank You.

Ask for a public defender when you go to court.

Ok.....Well I Thank You for your time to hear my story.:angel

The state "can" do any o fthe things you mentioned. However, it is likely they WILL charge you with something. You need to accept the services of the public defender if you cannot afford your own attorney.

Yes, they can charge all of you for the firearm. However, they will have to show that you all should have reasonably known that the firearm was in the car, and which of you realistically had dominion and control over it.

You really need that attorney.

- Carl

Well I Thank You Carl for for giving your time to answer sum of my questions. Do You Think There Is A Way I Could Avoid Prison/Jail Time? Or Is There Any Program That I Could Take So I Could Have The Record Removed, Expunged or Anything Of That Nature? And again Thank You.

innocent_wun said:

Well I Thank You Carl for for giving your time to answer sum of my questions. Do You Think There Is A Way I Could Avoid Prison/Jail Time? Or Is There Any Program That I Could Take So I Could Have The Record Removed, Expunged or Anything Of That Nature? And again Thank You.

Click to expand...

I am not familiar with these specific aspects of MS law. A drug crime is far more likely to have a deferral process than a firearm crime. It's very likely that even if convicted you can avoid prison time - though you might have to do a little local time and probation. However, if you have a prior criminal history this could be bad for you.

You should probably wait until you have counsel retained and ask him or her.

Also, Seniorjudge is from your region so he might be familiar with MS law in this area and he might be willing to weigh in with specifics if he is familiar with them.

- Carl

I don't have any piors, of any kind, so I don't think they should really lock me up for something I didn't know about & I was the only 1 with 1 charge and that was the possession/sale/transfer of firearm, which they put on everybody too. I just want to know what can I do to have the record to "disappear" some how because not everybody takes likely to a felony, but I do Thank You for giving light to my questions, and I'll wait to see what Seniorjudge can help me with so thanks.

Standard answer

Here are some hints on appearing in court:

Dress professionally in clean clothes.

Do not wear message shirts.

Don't chew gum, smoke, or eat. (Smokers...pot or tobacco...literally stink. Remember that before you head for court.)

Bathe and wash your hair.

Do not bring small children or your friends.

Go to court beforehand some day before you actually have to go to watch how things go.

Speak politely and deferentially. If you argue or dispute something, do it professionally and without emotion.

Ask the court clerk who you talk to about a diversion (meaning you want to plead to a different, lesser charge), if applicable in your situation. Ask about traffic school and that the ticket not go on your record, if applicable. Ask also about getting a hardship driving permit, if applicable. Ask about drug court, if applicable.

From marbol:

"Judge...

You forgot the one thing that I've seen that seems to frizz up most judges these days:

If you have a cell phone, make DAMN SURE that it doesn't make ANY noise in the courtroom. This means when you are talking to the judge AND when you are simply sitting in the court room.

If you have a 'vibrate' position on your cell phone, MAKE sure the judge DOESN'T EVEN HEAR IT VIBRATE!

Turn it off or put it in silent mode where it flashes a LED if it rings. AND DON'T even DREAM about answering it if it rings."

(Better yet, don't carry your cell phone into the courtroom.)"


Here are seven stories that criminal court judges hear the most (and I suggest you do not use them or variations of them):

1. I've been saved! (This is not religion specific; folks from all kinds of religious backgrounds use this one.)

2. My girlfriend/mother/sister/daughter/wife/ex-wife/niece/grandma/grand-daughter is pregnant/sick/dying/dead/crippled/crazy and needs my help.

3. I've got a job/military posting in [name a place five hundred miles away].

4. This is the first time I ever did this. (This conflicts with number 5 below, but that hasn't stopped some defendants from using both.)

5. You've got the wrong guy. (A variation of this one is the phantom defendant story: "It wasn't me driving, it was a hitchhiker I picked up. He wrecked the car, drug me behind the wheel then took off." Or, another variation: "I was forced into it by a bad guy!")

6. I was influenced by a bad crowd.

7. I/my kid/my whatever has surgery scheduled.


http://forum.freeadvice.com/showthread.php?p=854687#post854687

Public defender's advice

http://newyork.craigslist.org/about/best/sfo/70300494.html


Other people may give you other advice; stand by.

Thank you & I really learned a lot from you 2, Carl & Seniorjudge, I'll take both your advice to thought. And, if I have anymore questions I'll post it. May God Bless you all:angel