QUESTION

what should my brother do if he was chared with possissen of a stolen firearm

Asked on Oct 17th, 2014 on Criminal Law - Illinois
More details to this question:
My brother was charged with possession of a stolen firearm..but the gun wasn't on him...he went to court in they offered him 6 months boot camp. But another attorney told him that if they offered him boot camp that means they have nothing on him....oh in the people that reported the gun stolen is willing to go to trail in say he didn't steal it...plus his attorney has a written statement from them...but there still offering him 6 months boot camp...he didn't take it he wants to try his luck in a fair trial ....was the decision he made a good one or should he have taken the boot camp
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1 ANSWER

Criminal Law Attorney serving Naperville, IL at Law Office of Ken Wang
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Possession does not require a gun to be "on" a person.  All it requires is that your brother had the ability and intent to exercise possession over an object. It can be inferred if they knew the gun was there but did not take steps to get rid of it, that there was also voluntary possession.  The classic case is drugs, where there is one baggie and it is on the kitchen table.  That can be enough to get the people who live in the residence. I would not put much stock in a boot camp offer = no evidence.  Sometimes, boot camp is just the right offer to make.  Here are the questions your brother's attorney should be answering:  (1) Do they have the evidence to convict him? If your brother's attorney thinks they have enough to convict him, your brother should probably listen to him and not some other attorney just talking unless he's willing to put his money in that other attorney's hands.  Your brother's attorney is going to be the one with the case file, and they should know what the facts are better than some "other attorney" who has not been hired. (2) Will your brother get a fair trial?  What makes your brother think he will get a fair trial?  Everyone has different definitions of fair.  I have seen more than one Defendant look out into the sea of potential jurors and rapidly change their opinion on whether they are going to get a fair trial.           
Answered on Oct 20th, 2014 at 1:09 PM

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