friend was present and took the gun from the scene and now my son is being charged with 1st degree. From the 1st he stated that the man had a gun, they bagged the mans hands at the scene but according to the prosecutor, no test was done. THis is a small town and the parents of this man are well known here. My question, is there anything that can be done to show that the state did ot do the test because they work with the prosecution. My son has been told that this could be a major issue that should be brought up before his trial and possibly get it thrown out. Please no stupid answers, this is very, very important and will affect my sons life. thank you so much
2007-02-12 23:28:16 · 13 answers · asked by Anonymous in Politics & Government ➔ Law & Ethics
If you are in a small town where he's well known, find a lawyer from a big city and get him to represent you.
A serious issue like this and you turn to yahoo answers. Call a GOOD lawyer.
2007-02-12 23:38:20 · answer #1 · answered by Lil Jello 3 · 1⤊ 1⤋
I am not familiar with your state laws as I'm from Australia, but why was your son carrying a firearm on the street in the first place? Did he have a licence to carry a gun in a public street? Or did he struggle with the other man that he shot and took the gun off of him? If that is the case then you must prove that the firearm in question did belong to the other man, and the only way to prove that is either by a D.N.A test on the gun and on the other mans hands to see if they match also if he has fired a gun lately. But I'm afraid this would also apply to your son! I would suggest that you hire a good attorney to defend your son as I think he will be up against a very strong prosecution! Good luck and I hope he will be o.k.
2007-02-12 23:56:18 · answer #2 · answered by wheeliebin 6 · 0⤊ 1⤋
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2016-12-17 08:57:15 · answer #3 · answered by ? 4 · 0⤊ 0⤋
Mary B, if he hadn't had a gun on him his life might easily BE OVER!! Get a grip.
You will need to get the best lawyer you can on this one. Small town justice can be as blind as any big town. You'll need a legal defense and strategy. Can your son identify this "friend" that ran off with the pistol? That's where I'd start as well as demanding that the original shooter's hand are tested. If the he didn't fire the gun that won't do any good however. But finding the gun and the guy that ran off with it would seem to be your best bet.
Good luck!
2007-02-15 00:50:06 · answer #4 · answered by Christopher H 6 · 0⤊ 1⤋
The prosecution no matter small or large town is prone to withhold what is termed "exculpatory evidence" and yes this could and probably is critical to your sons defense. If it is no to late file a motion to make the plaintiff do any testing that will lead to the truth. I would also look into why was the gun removed by anyone was it the same weapon, is it possible this man was shot by someone else and your son set up? many many questions
2007-02-12 23:44:55 · answer #5 · answered by derf 4 · 1⤊ 1⤋
At the end of the day there is no substitute for good quality legal advice. Get an attorney and make sure he is a good one, because it may be very tricky to plead self defense on a shooting.
I have no idea of what the full scope of this matter is, but I would imagine that if the police did not follow proper procedure that maybe you have a leg to stand on. Perhaps an attorney will read this question and provide you with a conclusive answer.
-monkey
2007-02-12 23:38:44 · answer #6 · answered by monkey tuesday 3 · 1⤊ 1⤋
Firstly, in making affidavit request witnesses on the scene about the facts that they bbagged the man's hands . Mention also in the affidavit that state has right to perform the parafin test on the man's hand. Insist on preliminary investigation.
and dont forget the affidavit her declared before a a lawyer. Non-laywers giving legal advice is not permitted. So. because of seriousness of the case, better consult a lawyer. God Bless.
2007-02-12 23:54:59 · answer #7 · answered by wilma m 6 · 0⤊ 1⤋
It seems having a gun on him is what affected his life. Maybe our youth shouldn't put themselves in such situations. I am sorry you are dealing with this. but come on do you feel that it was your sons right to shoot someone. Is he in law inforcement? no other reason to have a gun on the street where other innocents will get hurt. Get a good lawyer and keep the guns out of our youths hands.
2007-02-12 23:48:53 · answer #8 · answered by Mary B 5 · 0⤊ 1⤋
Lady, I doubt seriously that the victim's friend's first instinct was "let me grab his gun and get it out of here" after watching your son blow away his buddy. He had a gun, felt like a tough guy, and shot someone. Now he needs to take responsibility for his actions.
2007-02-13 00:07:01 · answer #9 · answered by Anonymous · 0⤊ 1⤋
a GSR test needs to be run on the man's hands. and also get your son a very good lawyer.
2007-02-12 23:37:06 · answer #10 · answered by plhudson01 6 · 0⤊ 0⤋