Gun Possession Defense Strategies

Summary

If a gun charge stands depends on factors like legality of search, possession laws, and evidence. Defenses include lack of knowledge, no criminal intent, and permission. Collect evidence like texts or witness testimony to support your case.

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If I was set up based on evidence from first and I have two cases does second case stand if first case is dismissed
Hello MzPasco,
To understand your situation better, could you clarify whether the evidence in the second case is entirely dependent on the evidence from the first case, or if there are additional independent pieces of evidence supporting the second case?
This information will help provide a more accurate general legal guidance.
Yes
Hello MzPasco,
Thank you for clarifying. Generally, if the second case relies entirely on evidence from the first case, and the first case is dismissed due to lack of evidence or other legal reasons, the second case might also be affected. However, if there are independent pieces of evidence in the second case, it may still stand.
Would you like to know more about the process of case dismissal in Florida?

Sumter County Clerk of the Courts


Phone: (*) *-*
Address: * E. McCollum Avenue, Bushnell, FL *
Website: www.sumterclerk.com
Would a gun charge stand if they found it on me
Hello MzPasco,
Whether a gun charge would stand if found on you depends on several factors, such as:
- **Legality of the search and seizure:** Was the gun found through a lawful search?
- **Possession laws:** Are you legally prohibited from possessing a firearm?
- **Evidence:** Is there clear evidence linking you to the firearm?
Would you like more information on Florida's firearm possession laws?
Sumter County Clerk of the Courts
Phone: (*) *-*
Address: * E. McCollum Avenue, Bushnell, FL *
Website: www.sumterclerk.com
Yes
Hello MzPasco,
Thank you for the information. Based on your response, whether a gun charge would stand if it was found on you through a lawful search depends on several factors, including:
- **Possession laws:** Are you legally prohibited from possessing a firearm in Florida?
- **Circumstances:** Were there any aggravating circumstances or additional charges?
Would you like more details on Florida's gun possession laws?
No
Hello MzPasco,
Thank you for your responses. Given that you are not legally prohibited from possessing a firearm in Florida, the gun charge's validity depends on other factors, such as:
- **Circumstances of possession:** Were there any aggravating factors or criminal intent associated with the firearm possession?
Would you like more information on how these factors might affect your case?
It was my mom's gun I was driving her car. I was going to give someone a ride that I didn't know very well & it was in glove compartment I put it in my pants I didn't want it to come up missing.
Hello MzPasco,
Thank you for providing the details. In Florida, the key factors that could affect whether the gun charge stands include:
- **Ownership and Permission:** Did your mother give you permission to use or possess the firearm?
- **Intent and Circumstances:** Were there any signs of criminal intent beyond mere possession?
Would you like more information on Florida's firearm possession laws or the legal process for your situation?
No directly but I knew she would want me to make sure it wasn't stolen. I was driving her car with permission
Hello MzPasco,
Thank you for the detailed information. In Florida, for a gun charge to stand, the following factors are crucial:
- **Legality of Possession:** Even if you had good intentions, not having explicit permission to possess the firearm can complicate your defense.
- **Circumstances of Discovery:** If the gun was found during a lawful search and you had it concealed on your person, this could affect the charge.
Would you like to know more about the potential defenses for a gun possession charge in Florida?
Yes please
Hello MzPasco,
Here are some potential defenses for a gun possession charge in Florida:
- **Lack of Knowledge:** Argue that you were unaware of the gun's presence.
- **No Criminal Intent:** Demonstrate that you had no intent to commit a crime.
- **Permission:** Show evidence of implied or explicit permission.
Would you like more information on any specific defense?
Yes permission
Hello MzPasco,
Thank you for your patience. Here is more information on the defense of "Permission" for a gun possession charge in Florida:
- **Implied Permission:** If you can provide evidence that your mother would have wanted you to ensure the gun's safety, this could be a valid defense.
- **Explicit Permission:** Any form of written or verbal agreement from your mother allowing you to possess the firearm can strengthen your case.
Would you like to know more about how to gather and present evidence of implied or explicit permission?
Yes please
Hello MzPasco,
To effectively use the "Permission" defense for a gun possession charge in Florida, consider the following steps:
- **Gather Evidence:** Collect any text messages, emails, or witnesses who can confirm your mother’s trust in you regarding her firearm.
- **Witness Testimony:** Have your mother or others testify that she would have wanted you to secure the gun.
Would you like more information on how to present this evidence in court?

Sumter County Clerk of the Courts


Phone: (*) *-*
Address: * E. McCollum Avenue, Bushnell, FL *
Website: www.sumterclerk.com
Yes please
Hello MzPasco,
To present evidence of implied or explicit permission in court, consider the following steps:
- **Documentation:** Bring any written communications (texts, emails) indicating your mother's trust.
- **Witnesses:** Have your mother and any other relevant individuals testify about her intent.
- **Character Evidence:** Present your background to show responsible behavior.
Would you like more detailed guidance on any specific aspect of this?

Sumter County Clerk of the Courts


Phone: (*) *-*
Address: * E. McCollum Avenue, Bushnell, FL *
Website: www.sumterclerk.com
I have another question about the charge of * way communication in a felony
Hello MzPasco,
I'd be happy to assist you with your question about the charge of two-way communication in a felony. To provide more accurate information, could you clarify the nature of the two-way communication charge? For example, is it related to conspiracy, fraud, or another offense?
This will help me provide the most relevant legal information for your situation.