The most common type of Mecklenburg gun evidence is going to be eye-witness statements, drugs, and guns. The eye-witness statements are going to be primarily relating to people who can offer testimony about whether the client, the defendant, did possess the weapon or if it was within their dominion and control at any point. They do not always have to recover the gun if they have enough eye-witness statements.
However, if they see someone or have an interaction with someone that obviously legally cannot have a gun and they have a gun on them, they are going to keep that and present that to the court for evidence. They can send the gun away to the Department of Forensic Science in Richmond and try and get fingerprints off the firearm. Allowing them to more clearly link the person charged with possession. Obviously, if a person’s fingerprints are on it, they possessed it.
There is also a prohibition against possessing certain types of higher-scheduled drugs and guns so you would want to have those drugs and have them analyzed to see what schedule they were because if they are a Schedule I or a Schedule II, then a person cannot possess any firearm at the same time. If you have been involved with any gun incidents, contact a Mecklenburg gun attorney as soon as possible. A highly skilled gun lawyer will do all they can using all the evidence they are given to help you receive possibly the best outcome, by challenging the opposing argument and evidence.
If they go to the scene of the crime, the law enforcement’s number one approach in Mecklenburg is to get a statement from the person charged. They are going to try and talk the person into making incriminating statements about the gun possession or the gun ownership. If there is anyone else that the person would have regularly interacted with, they are going to interview them and try and get them to offer testimony to the person’s ownership of the gun and/or drugs.
If it is a case where it relates to guns and drugs, since there is an active drug task force, they do a huge number of controlled buys with very sophisticated video and audio equipment so if a gun is seen on that video, that is going to be something that they can use as evidence in a Mecklenburg gun trial and, from there, perhaps offer the testimony of the confidential informant, involved in the drug buy, as to the location of any weapon that was present during the alleged crime.
The place where Mecklenburg gun evidence is going to be up for interpretation is during the witness testimony. There are a lot of witnesses out there, creating a kind of instability of eye-witness testimony. Whether or not something is a firearm is not really open to interpretation. Whether or not someone is a felon is not really open to interpretation. Whether or not a drug is a Schedule I or a Schedule II, once the lab certificate comes back in, is not really open to interpretation. The best luck for interpretation is going to be witness testimony.
Witness testimony is going to be a strong place to start an independent investigation. Usually, the frequent scenario is a car with several people in it and some number of them or all of them are barred from possessing a firearm. At that point, a Mecklenburg gun attorney wants to focus on showing that there is reasonable doubt that their client was not the person possessing the firearm.
They will show that based on the ability of other people in the vehicle to possess a firearm, the lack of physical evidence, and they may have fingerprints which are notoriously difficult to get off of guns, as well as how long people have been in the vehicle. If it is a domestic violence case where the police show up and a person directs the police in the direction of a firearm and says, “I know someone who is not supposed to have that,” the police are going to be looking at motive or bias, motive to fabricate intoxication, et cetera.
If a person knows that they are under investigation, they need to call a lawyer immediately. In Mecklenburg, they are very direct about the way they approach cases and gather evidence in a gun case in Mecklenburg. If a person knows that they are under investigation then charges are probably imminent.
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