Can someone sign an affidavit for a gun that someone else has been charged with? 6 Answers as of January 07, 2014

I have a friend in jail and he is currently a felon. They have a gun charge on him but the gun was not his. A friend of his had forgotten it there by accident. Is there anyway she can sign an affidavit on the gun since it is hers and his charge for the gun get dropped?

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Michael Breczinski
Michael Breczinski | Michael Breczinski
No but they can go and testify for the person at trial.
Answer Applies to: Michigan
Replied: 1/7/2014
Barton Barton & Plotkin
Barton Barton & Plotkin | Maurice Ross
Your question is not clear. What does "there" mean? Your friend needs a lawyer and a lot more than a simple affidavit.
Answer Applies to: New York
Replied: 1/7/2014
TAMBASCO & ASSOCIATES, P.C. Attorneys at Law | R. Tambasco
It's not going to do much. It may have some mitigation worth, but the firearm was in the convicted felon's home or vehicle and therefore had constructive possession. There is a duty to let others know to bring a gun into his/her home and vehicle.
Answer Applies to: Indiana
Replied: 1/7/2014
O'Leary Associates, P.A.
O'Leary Associates, P.A. | John A. O'Leary
This issue may well be he is a felon in possession of a weapon - ownership is not he key issue.
Answer Applies to: South Carolina
Replied: 1/7/2014
Lawrence Lewis
Lawrence Lewis | Lawrence Lewis, PC
Anyone can sign an affidavit, but that will not get the charged dropped, because the person is not charged with ownership, they are charged with possession (it was on or near them).
Answer Applies to: Georgia
Replied: 1/7/2014
    Attorney at Law
    Attorney at Law | Michael J. Kennedy
    The question in ex-felon with a gun is whether he possessed it, i.e. had dominion and control over it, not whether he owned it, so in addition to such affidavits not being admissible against a hearsay objection, it would not achieve the desired result. It is better that you let an attorney handle the defense than to go mucking around yourself/herself and possibly turn a case against one person into a case against two.
    Answer Applies to: California
    Replied: 1/7/2014
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