i was the passenger of the car when there was a gun in it. both the driving and i was book but 2 days later we were release. i assume that everything was cleared up. recently my company is doing a background check and nothing showed up but when they did a finger print check thats when this case came up. what can i do to get rid of the case and will there be any consinqences.
why was i charge with trafficking firearms instead of possessing a illegal firearm. trafficking makes it sounds as if i was distributing firearms even tho there was only one gun found in the car???
The first and best thing to do would be to contact a criminal defense attorney who can review the status of your case, your charges, and the potential consequences of any pending charges. That way, he/she can let you know exactly where you stand and help you to make a good decision about how to handle the matter. There may also be an issue with the statute of limitations and this is something that your attorney should research.
Note that trafficking a firearm is a very serious matter and can have serious collateral consequences depending on the seriousness of the offense and the ultimate outcome. The good news is, if you never plead guilty, you are presumed innocent. The state must prove their case against you beyond a reasonable doubt. Again, a full review of the case is necessary.
It sounds to me like you may have a defense. I have handled many cases where my clients were passengers in cars with contraband and drugs. I have received very favorable outcomes in those circumstances.
From the limited information in your post, it sounds to me like you were charged with a criminal offense when you were arrested and booked in 2005 but then did not appear at the next scheduled court date to answer for that offense. That may be why it is showing up in the system. It is very rare for a person to spend 2 days in jail and then not be charged with anything and for it to be “cleared up” like that.
So, please do consider hiring an attorney as soon as possible. This will best protect your rights and your record.
I’d be happy to review the matter for you. I, as well as many other attorneys on Avvo, offer free consults. Please feel free to call me when it is convenient for you. 612-810-0060