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Our Client Who Had Federal Gun Charges Dismissed

March 21, 2024 Uncategorized

Our Client Who Had Federal Gun Charges Dismissed

Getting federal gun charges dismissed is no easy feat. But that’s exactly what happened for one of our clients recently. And let me tell you, it was a wild ride getting there.

In case you’re not familiar, federal gun laws are super strict. Like, zero tolerance strict. Just having a gun when you’re not supposed to can land you in some deep trouble. And that’s exactly the situation our client found himself in.

He got pulled over one night for a busted taillight. No big deal, right? Well, when the cops ran his ID, they saw he had a prior felony conviction. Which meant he wasn’t allowed to have firearms. But when they searched his car, guess what they found? A handgun tucked under the seat.

Boom. Just like that he was facing federal gun possession charges. Which are no joke by the way. We’re talking potential 10+ year sentences. Not fun.

Now, our client swore up and down the gun wasn’t his. He said his buddy must’ve left it in the car by accident when he borrowed it last week. And you know what? We actually believed him. He didn’t seem like the type of dude to be packing heat illegally.

But that doesn’t matter in federal court. They have that whole “constructive possession” thing. Basically if the gun’s in your car, it’s yours as far as the law is concerned. Whether you knew about it or not. Pretty crazy if you ask me.

So that’s what we were up against. Federal prosecutors who wanted to throw the book at our client. And not a whole lot of wiggle room in the law itself. The odds were definitely not in our favor.

But we weren’t about to go down without a fight. After digging into the details, we realized the cops made some mistakes when they searched the car. And that was our ticket to getting the gun evidence thrown out.

See, the Supreme Court says cops need probable cause to search a vehicle without a warrant. But in this case, they didn’t have it. All they knew was that our client was a felon, not that he had a gun. And you can’t search a car just for that.

So we filed a motion to suppress the gun evidence. We argued it was an illegal search and the results should get tossed. This was a bold move, because if we lost that motion, our client was almost sure to get convicted at trial.

Luckily, the judge agreed with us. He said the cops overstepped, and he wasn’t letting the gun in as evidence. Can you believe it? With the state’s main proof gone, the prosecutors had no choice but to dismiss the charges.

Our client was ecstatic when he heard the news. After facing so much time behind bars, he was free to go. Moments like that make all those late nights of case research totally worth it.

Now, not every federal gun case can end this way. The law’s still pretty rigid. But with the right strategy, even tough charges can sometimes get dismissed. It takes knowledge of the rules, spotting issues the other side missed, and a little bit of luck too.

This case goes to show, you should never give up hope if you’re facing gun charges. With an experienced defense team in your corner, anything’s possible. We may not win them all. But when we do, it feels damn good helping someone get their life back.

Anyway, that’s the story of how we got federal firearm charges dropped for a client who seemed down for the count. It just proves you gotta keep swinging ’til the last bell rings. Because you never know when you might land that knockout punch.

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Todd Spodek

Founding Partner

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RALPH P. FRANCHO, JR

Associate

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JEREMY FEIGENBAUM

Associate Attorney

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ELIZABETH GARVEY

Associate

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CLAIRE BANKS

Associate

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RAJESH BARUA

Of-Counsel

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CHAD LEWIN

Of-Counsel

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