GUN CHARGE RESULTS

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TWO COUNTS BRANDISHING FIREARM DISMISSED AFTER TRIAL

Commonwealth v. R.A. & S.A.

We represented two clients who were unfairly charged after a vengeful ex-employer complained about them lawfully open carrying firearms. It was a difficult trial that required arguing some very technical  points regarding the intent required for trespassing and brandishing. In the end, we were thrilled when the judge dismissed all charges.    

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TWO COUNTS ​​​​​​FELONY FALSE STATEMENT REDUCED 

Commonwealth v. D.M.

We secured documents showing that our client had successfully petitioned a circuit court to have his gun rights restored. What our client didn't realize is that the gun rights restoration didn't solve all his problems. In the end, the prosecution knew that it was going to be difficult to prove that our client had knowingly and intentionally made a false statement. Instead of a felony, our client walked away with a misdemeanor and a few weekends. 

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​POSSESSION OF FIREARM BY FELON, POSSESSION OF FIREARM WITH DRUGS, CONCEALED WEAPON, AND POSSESSION OF SCHEDULE I OR II CONTROLLED SUBSTANCE ALL DROPPED

Commonwealth v. A.S.

Our client was charged with numerous felonies carrying mandatory minimum prison time after a gun and drugs were recovered during a traffic stop. We were fortunate to work with an experienced prosecutor who agreed with our analysis that the evidence didn't prove that our client knew any of the illegal items were in the car. 

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NOT GUILTY OF POSSESSION OF FIREARM AFTER JURY TRIAL.

Commonwealth v. W.T.

Our client was charged with seven felonies and two misdemeanors after an incident in his backyard led to the discovery of a gun. It looked like a long shot because two police officers testified that they had wrestled the gun out of our client's hand. We successfully argued that forensics evidence didn't back up the officers' version of events and the jury found our client not guilty. Both misdemeanors were also dropped prior to trial.  

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​​​​NOT GUILTY BRANDISHING A FIREARM AFTER BENCH TRIAL

Commonwealth v. D.B.

Our client was charged after his girlfriend's vengeful ex claimed that he brandished a weapon. We demonstrated that he was acting in self defense and that the weapon did not meet the required definition under the law. The charge was dismissed and our client kept his record clean. 

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POSSESSION OF FIREARM BY FELON DROPPED PRIOR TO TRIAL

Commonwealth v. C.J.

Our client faced a mandatory minimum 2 years in prison after a gun was found in a vehicle during a traffic stop. After the preliminary hearing, we were confident that the prosecution couldn't prove our client had placed the gun in the car or ever exercised "dominion and control" over it. We scheduled the case for a trial and waited for forensics that would clear our client. After the forensics failed to materialize, the prosecution dropped the charge without a trial. 

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​NOT GUILTY POSSESSION OF FIREARM BY VIOLENT FELON AFTER TRIAL 

Commonwealth v. A.M.

This was a high stakes trial with our client facing 5 years mandatory minimum prison time. We successfully argued that although our client acknowledged knowing a gun was in a car, he never exercised dominion and control over the gun as required in a constructive possession case. After a hard fought motion to suppress and trial, we eventually prevailed and our client was found not guilty of both firearms charges. 

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CONCEALED WEAPON DISMISSED AFTER TRIAL

Commonwealth v. K.H.

Our client was charged after the police discovered a gun in his jacket during a traffic stop.  With our guidance, our client obtained his concealed carry permit prior to the court date and we convinced the judge to dismiss the charge. 

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CONCEALED WEAPON DISMISSED AFTER TRIAL

Commonwealth v. B.L.

A routine traffic stop turned into a big problem for our client when the state trooper discovered that his license was suspended for a DUI.  Our client received 30 days to serve in lower court, and we appealed.  In higher court we successfully argued that the evidence didn't prove that our client had notice of the suspension.  The charge was dismissed, and he walked away with no jail time and no fine. 

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POSSESSION OF FIREARM BY VIOLENT FELON DROPPED

Commonwealth v. C.J.

Our client was charged after a gun and molly were found in the vehicle he was driving.  The case was drawn out for almost a year, but we were thrilled when our persistence paid off and the prosecution conceded that they could not prove beyond a reasonable doubt that our client had placed the items in the car or knew they were present. 

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NOT GUILTY OF ATTEMPTED POSSESSION OF FIREARM BY FELON AFTER TRIAL

Commonwealth v. D.F.

July 2017: Our client innocently tried to purchase a gun and ended up charged with two felonies.  We successfully argued at trial that the prosecution could not prove that he had previously been convicted of a felony and both charges were dismissed. 

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NOT GUILTY OF ROBBERY, USE OF A FIREARM AFTER JURY TRIAL

Commonwealth v. J.M.

June 2017: The stakes were high with our client facing state sentencing guidelines recommending a punishment of more than 9 years in prison.  We were humbled that our client placed his faith in us and exercised his right to a jury trial.  It was a big risk but it paid off.  After a hard fought trial, we were thrilled when the jury returned not guilty verdicts to all felony charges and instead convicted him of only one misdemeanor. 

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POSSESSION OF FIREARM BY FELON DROPPED PRIOR TO TRIAL

Commonwealth v. J.C.

Our client was charged after a gun was found in a vehicle he was driving.  We requested forensic analysis that ultimately did not link our client to the gun and the charge was dropped. 

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POSSESSION OF FIREARM BY CONVICTED FELON DROPPED

Commonwealth v. S.C.

Our client was one of several young men in a car during a traffic stop.  The police found two guns under one of the seats and charged our client who was the closest to the gun.  DNA analysis failed to prove any link between our client and the gun and the charge was dropped. 

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POSSESSION OF AMMUNITION BY A FELON DROPPED

Commonwealth v. D.J.

Our client was charged after police found a box of bullets in his glove compartment during a traffic stop.  The prosecution agreed that the evidence could not prove that our client placed the box in the car or knew that it was there. 

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NOT GUILTY OF ATTEMPTED POSSESSION OF A FIREARM BY FELON AFTER TRIAL

Commonwealth v. D.R.

Our client was charged with attempted possession of a firearm by a felon and false statements on the state firearms form.  We took the case to trial and successfully argued that the court records were ambiguous and did not clearly prove that he had been previously convicted of a felony. Both charges were dismissed. 

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POSSESSION OF A FIREARM BY A VIOLENT FELON DROPPED

Commonwealth v. K.J.

The police recovered a firearm under our client's seat during a traffic stop and he was wearing a holster. Needless to say, it didn't look good. On our motion, the firearm was sent for DNA testing. When DNA was recovered on the gun that didn't match our client, the prosecution had to concede that they couldn't prove that our client had handled the gun. The charge was dismissed and instead of spending the next 5 years in prison, our client is working and supporting his family. 

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ROBBERY, ABDUCTION, USE OF A FIREARM CHARGES ALL DROPPED

Commonwealth v. B.S.

Our client was accused of a violent gunpoint home invasion. There was a laundry list of serious charges including abduction, robbery, and multiple counts of use of a firearm. We became aware that a photo lineup had never been conducted with the victim. After the victim refused to participate in a photo lineup with us, we asked the court to order a photo lineup. The prosecution ultimately acknowledged that the victim could not identify our client and all of the charges were dropped. 

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FALSE STATEMENT ON CONSENT FORM DROPPED AFTER HEARING

Commonwealth v. J.C.

Our client was accused of failing to disclose a domestic assault and battery conviction when he attempted to purchase a gun.  We successfully argued that the prosecution could not prove his prior conviction and the felony was dismissed. 

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MALICIOUS WOUNDING & USE OF FIREARM DROPPED FOLLOWING JURY TRIAL

Commonwealth v. R.B.

Our client was accused of a drive by shooting in which four different people were shot and seriously injured.  We took the case to a jury trial.  We argued that the only witness who identified our client had a history of bad blood with our client's family and could not be trusted. After hearing all the evidence, the jury could not reach a verdict and a mistrial was declared.  The prosecution dropped all charges before a second scheduled trial and our client was released. 

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ATTEMPT MURDER AND USE OF  FIREARM CHARGES DROPPED

Commonwealth v. G.D.

Our client was accused of shooting and robbing a man at a rap concert. The victim identified our client as the man who shot him.  We conducted our own photo lineup with the victim who could not pick out our client.  The victim subsequently admitted to the prosecution that he could not be sure that the assailant was our client and all charges were dropped.  Instead of the possibility of life in prison, our client walked out of jail on the same day. 

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FELONY GUN CHARGES ALL DISMISSED AFTER MOTIONS & TRIAL

Commonwealth v. L.P.

Our client was charged with distribution of narcotics, possession of a firearm by a felon, and six counts of possession of ammunition by a felon.  We argued successfully in pre-trial motions that all of the ammunition charges violated our clients double jeopardy rights.  At trial we successfully argued that the prosecution could not prove that our client knew that the narcotics and firearm were in his car.  He walked away a happy man with all charges dismissed. 

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ROBBERY AND USE OF A FIREARM CHARGES DROPPED

Commonwealth v. S.L.

Our client seemed doomed.  He was charged with a gunpoint robbery.  The prosecution had a DNA match from a hat that been ripped off the head of the perpetrator.  We didn't give up. We worked with our own DNA expert and sent the hat back for a second analysis comparing the DNA recovered from the hat to a a different man who we believed was the true perpetrator.  It turned out that the other man's DNA was also in the hat.  The prosecution promptly dropped all charges and our client walked out of jail that day. 

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NOT GUILTY POSSESSION OF FIREARM BY FELON AFTER JURY TRIAL

Commonwealth v. D.S.

This situation was incredibly unfair because our client had been told that his juvenile convictions would not effect his gun rights.  We took the case to a jury trial.  We subpoenaed a former juvenile probation officer who acknowledged that many people including our client may have been misinformed of their gun rights.  The jury found our client not guilty and he avoided spending the next two to five years of his life in prison. 

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ROBBERY, USE OF A FIREARM DROPPED AFTER JURY TRIAL

Commonwealth v. A.D.

Our client was charged with robbing a convenience store at gunpoint. We worked with an eyewitness testimony expert who was able to identify serious flaws with the identification procedure.  We took the case to a jury trial.  It was 11 to 1 for a not guilty verdict and a mistrial was declared.  Our client was released on bond that day.  He rejected numerous offers and the prosecution eventually dropped all charges before a second trial.