Why am I in jail for a gun that was found in a car that I don't own? 2 Answers as of February 12, 2015

While riding in a friend's car, we were stopped at gun point by officers. Everyone exited the vehicle under directions from officers. A prohibition search was implemented and nothing was found. Officers took me and the driver to my home where they also searched. Then officers took the driver and went back to the car where a gun was then found. I am in jail now and the driver and other passenger received no charges. I had no knowledge that a gun was even in the car. It was found in the backseat and I was in the front passenger. None of this feels legal.

Ask a Local Attorney. 100% Anonymous. Free Answers.

Free Case Evaluation by a Local Lawyer: Click here
Universal Law Group, Inc. | Francis John Cowhig
This is a very strange set of facts and I cannot tell you why you were arrested. The best advice I can give you is to hire the most experienced criminal defense attorney you can afford to help you fight these charges.
Answer Applies to: California
Replied: 2/12/2015
Law Offices of Martina A. Vigil, PC
Law Offices of Martina A. Vigil, PC | Martina A. Vigil
Possessing a firearm can be prosecuted under two theories: actual possession and constructive possession. Under the constructive possession theory, all passengers in the vehicle can technically be charged with possessing a firearm. It is quite peculiar that you, a passenger, are the only one of your friends that is being criminally charged. There must be something more that I am missing.
Answer Applies to: California
Replied: 2/12/2015
Click to View More Answers: