Can be charged for having a firearm if I was not aware that my passenger had a weapon? 16 Answers as of December 15, 2011

Yes. You can be charged, however the DA may not be able to prove the case against you "beyond a reasonable doubt".

It is a matter of proof for the DA to prove you knew the gun was present. It is very unusual that you would be charged along with him. One would have to see the police report to see what it is based on. Then you will need a good certified criminal law specialist.

They can charge you with anything. The important question is whether they can convict you. This is such a bullshit case.Has the DA actually charged you or is it just the cops telling you that will happen. The issue would be whether you were aware he had a fire arm on him. He will testify you had no idea. End of case.

Yes, you can be charged but you may be able to show that you were not aware there was a gun in the car. Many people are charged with this offense in California under these same circumstances. I have defended many defendants in this same spot, and have had great success doing so. You need to establish that your passenger not only had no permission from you to have a gun in the car, but that he couldn't have because you didn't even know he had one..Get an experienced criminal defense attorney to sort this out for you.

Generally speaking, not guilty of possession if you did not have knowledge. Need to hire an experienced criminal attorney to attempt to dismiss the possession charge.

By "on him" I assume you mean on his person, like in his coat or waste band, and not visible. If so, it will be very hard to convict you of possession in your vehicle unless somebody else (other than the guy who had the gun) attributes knowledge to you. The other thing that comes to mind is if this is a gang-related case. Many times it is easier for the prosecution to prove a crime in a gang case, and such allegations present problems in addition to the gun possession charge.

The District Attorney has to prove that you knew there was a gun in the car.

Under these circumstances the case should be beatable. Talk to a criminal defense lawyer about the best way to fight this case.

They can charge you with carrying a firearm in a car if it was in the car and you were in the car. However, if they do charge you it has to be proven that you knew the firearm was in the car.

Can they charge you, yes. Will they be successful with the conviction doubtful. If the passenger had the weapon on them it will be hard to create constructive possession of the gun. You will need an attorney to assist you.