La Marque, TX Criminal Defense Law Firms & Lawyers

It's tricky. A felon amy not possess a gun. So it better be able to show the police and judge that the gun was clearly not possessed by the felon and had no access to it.

You have a Constitutional right to be free from an unlawful search and seizure. The police cannot search without a warrant. However, if they get a warrant you have to allow them to search what the warrant allows them to search (but nothing more). The police can always ask permission to search whatever they want to search. If you give them permission to search then they don't need a warrant as you have given up your expectation to privacy. If you have been contacted by the police you need to hire a lawyer. Don't try and make deals by yourself with a police officer. A police officer does not have any authority to make deals with you, and any promises he makes cannot help you later. Good luck and hire a lawyer ASAP.

Based on what you wrote, it appears you are the listed complainant. What you can do to help him is hire the best attorney you can afford to hire. Additionally, you are free to call or go the DA's office, and try to explain it to them. But, beware: if you do not have a complete understanding of the law as it relates to assault, you may do more harm than good by speaking to the DA's office. In my experience, complainant's who try to talk the DA in to dismissing an already-accepted charge are often manipulated into confirming the allegations, which will undermine your attempt to get the case dismissed. So, like I said, you need to be very careful. If you want to be safe and smart, help him find a good lawyer, and the three of you can discuss the facts of the case, the law, and the best way to proceed, in light of all three.