Legal Question in Criminal Law in Virginia

false firearm arrest

My brother was falsely accused and arrested for brandishing a firearm

and possession of an unregistered

firearm in a school parking lot. No gun was present. He has never had a gun. He had angry words with a man who was shutting a car

door on his daughter at morning

child drop off. He was not contacted

until he went to the school that

afternoon to pick her up. The police

said the accuser has a prominent withness and that the camera didn't

show anything. What can happen? Can he be convicted with no gun? No search was done on his person, his car, or his home. Can he be convicted with this ''he said-he said''situation? What value is this false witness? Is the fact that the acusser nor the school bothered to frantically call 911 right then (when they felt he was an irate man in a school zone and they believed him to have a gun)important?


Asked on 5/15/08, 7:09 pm

1 Answer from Attorneys
Michael Hendrickson Law Office Michael E. Hendrickson

Re: false firearm arrest

Your brother is in need of a competent criminal defense counsel whom, hopefully, he's hired by now to represent him on this charge. Believe me, there are more than a few wrongfully convicted ones still mouldering away to this very day behind iron bars in modern day U.S.A., who were convicted on he said vs. she/he said evidence---with, perhaps, the testimony of a "prominent witness" thrown in to buttress the stories of the latter. (Video cameras are often of little help at the moment you need them, which your brother's situation, unfortunately, seems to again confirm.)

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Answered on 5/15/08, 9:17 pm


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