Legal Question in Criminal Law in Maryland
i am charged in a federal court for a firearm that was in my home, that i knew nothing about my boyfriend will testfiy and say it was his, i am also a convicted felon. but i also believe the gun is from the late 1800's what can i do to help my case
2 Answers from Attorneys
The best option that you have is to present all facts and papers to an experienced criminal defense attorney, and get a full and complete answer about what may be done. My first reaction is three-fold. If it was in the home and you weren't near it, how do they prove it's yours (the BF's testimony helps)? Second, was it tested, and is it a working firearm? And third, there is a possible antique firearm exception.
If the gun is that old, it may be excluded from the federal definition of a firearm. Also, possession requires knowledge. Perhaps the circumstances would not demonstrate you would have had knowledge. However, knowledge does not require the government to prove you admitted it.
Beware that 97% of federal cases result in conviction. You have to know before you decide to go to trial what the risks are. Even if your boyfriend agrees to say the gun was not yours, he may later decide to remain silent, or the jury may not believe him.
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