Legal Question in Criminal Law in California

Subject

If your charged with possession of a firearm but had no firearm ,Should you have the firearm tested for fingerprints, And if your prints are not on the firearm should the case be dimissed.


Asked on 11/21/05, 3:06 pm

2 Answers from Attorneys

Edward Hoffman Law Offices of Edward A. Hoffman

Re: Subject

Fingerprints usually don't stick to the metal parts of guns and are hard to recover from the wooden parts, so forensic labs often do not find prints on a gun. The absence of prints proves nothing.

Besides, possessing a gun does not necessarily involve handling it. You are in possession of a gun if it is within your custody or control, even if it isn't on your person at the time of arrest and even if you've never touched it.

Read more
Answered on 11/21/05, 3:32 pm
Terry A. Nelson Nelson & Lawless

Re: Subject

You said there was no firearm, so how would you have a non-existent gun printed?? You don't have control over items in police evidence and couldn't get it printed without a court order to do so. More importantly, the police probably already printed it, or will if the prints become an issue in the case. What you need to understand is that the charges don't depend on you 'handling' the gun, merely having it under your control [a legally defined term]. I suggest that you need an experienced attorney to defend you to avoid jail time. If interested, contact me.

Read more
Answered on 11/22/05, 1:45 pm


Related Questions & Answers

More Criminal Law questions and answers in California