Q: Can charges be dismissed if unaware of a gun in a car?

A: The short answer is yes this is a case that has a good chance at getting dismissed. The long answer is that it is likely very complicated and specific to what actually happened in your case. Based on what you provided, the only thing you could be charged with is failure to respond to the police that there is a weapon in the car. Hard to say you lied if you actually had no knowledge of the gun being in your car and/or how it got there. If you have no prior criminal history, as you mentioned, then you should be allowed to have a weapon in AZ as long as you are over 18 years old. If you are between 18-20 years old then you cannot conceal the weapon in certain areas of the car but it does not sound like that is the issue.

A: In your situation, the main issue will be proving that you were unaware of the real gun in the car and that you had no involvement with it. If the gun was not in your possession or directly linked to you, it might be difficult for the prosecution to prove that you were responsible for it. However, they could still argue that you were in control of the car or that you should have known about the weapon.

Since you have no prior issues, this could work in your favor. The lack of prior criminal history and the fact that you admitted to having a BB gun (which shows honesty about the situation) could help show that you didn’t have malicious intent or knowledge about the real firearm. It may also help if there’s no evidence linking you directly to the firearm, such as fingerprints or ownership.

To address this, it’s important to have a lawyer review the evidence, as they can help build a defense showing that you were unaware of the firearm and weren’t responsible for it. They can also explore the possibility of getting the charges reduced or dismissed based on the lack of intent and your clean record. Depending on the circumstances, a judge or prosecutor might be willing to drop or reduce the charges if your defense is strong.