They didn’t discover my fingerprints on that gun, how can they nonetheless cost and convict me with that crime?

August 10, 2023by Naomi Cramer

Common TV reveals like NCIS, CSI, and even typically Regulation & Order are primarily based on forensic investigation catching criminals who believed they dedicated the proper crime. Many of those tv dramas concentrate on DNA proof resembling fingerprints identification or dactyloscopy.

Dactyloscopy compares two cases (impressions) of fingerprints to find out whether or not these two impressions got here from the identical particular person. Fingerprints are ridge pores and skin impressions from an individual’s fingers or toes. Everybody’s pores and skin impressions are completely different so everybody has a novel set of fingerprints. In principle, fingerprints or the shortage of fingerprints ought to be a important piece of proof in any felony investigation. If an individual’s fingerprints are on the crime scene, most individuals suppose that ought to imply an individual dedicated the felony or the misdemeanor crime charged particularly a crime involving an unlawful gun or firearm.

If this was the case, no fingerprints would imply that an individual didn’t commit the crime and he shouldn’t be charged or acquitted …proper? This, nonetheless, is just not true. I’m sorry to disappoint the followers of NCIS, CSI, or the newest felony investigation drama.  An absence of fingerprints won’t all the time finish a felony investigation or result in the dismissal of felony expenses; particularly these involving an unlawful gun or firearm.

What’s the drawback with fingerprint proof and weapons? 

It’s usually troublesome to acquire fingerprints from some surfaces, particularly firearms. The flexibility to raise fingerprints from a floor (latent fingerprints) is admittedly primarily based on the kind of floor. It’s a lot simpler to raise latent fingerprints from clean surfaces resembling glass, tile, porcelain, lacquered furnishings and a few clean clear metals. The method, nonetheless, will get tougher, once we transfer to painted surfaces, leather-based, paper and cardboard. Getting fingerprints is even tougher for natural surfaces resembling materials, timber and non-organic textured surfaces resembling checkered handgun grips. Many investigations for gun crimes concentrate on lifting prints from these firearms. 

Lifting latent fingerprints from weapons and different firearms is commonly, nonetheless, very troublesome. It’s onerous as a result of these firearms, particularly, ones utilized in crimes, are sometimes oily, extraordinarily soiled surfaces with a number of overlapping impressions smeared by motion. The truth that the prosecution can’t current fingerprint proof doesn’t imply their case isn’t sturdy. The prosecution can meet its burden of proof of guilt past an inexpensive doubt with direct and circumstantial proof. Prosecutors and district lawyers, in these conditions, can even usually current an skilled who can clarify the shortage of fingerprint proof. Clearly, fingerprints will help a felony prosecution however their existence doesn’t imply the case is a loser for the defense.

Similar to the prosecution’s skilled can clarify away the shortage of fingerprints, protection skilled can clarify away their existence. Both method, fingerprints are by no means case killer in a felony or perhaps a civil case. In different phrases, fingerprints, received’t immediately win or lose the case for both aspect. Bear in mind TV reveals and films are nice however if you’re charged with a crime don’t suppose fingerprints will sink you or set you free.

Precise vs. Constructive Possession – Unlawful Weapons & Firearms

Lastly, clients regularly come to our workplace and declare that the police have charged them with possession of both unlawful drugs or firearms. Many imagine that the fees are baseless as a result of the police didn’t discover any of the gadgets in query on their individual on the time of arrest. You will need to perceive that if the prosecution isn’t in a position to show that an individual truly possessed an unlawful merchandise, it might display constructive possession of such gadgets by exhibiting that one had management over the merchandise or supposed to train management over the merchandise.  Precise possession signifies that the unlawful merchandise is discovered in your individual whereas constructive possession signifies that the merchandise is discovered inside your instant management and also you had the power to train dominion and management over it.

A constructive possession evaluation requires {that a} choose or jury examination the totality of the circumstances surrounding the arrest. A choose or jury might convict a defendant for unlawful possession of a gun or firearm beneath a constructive possession principle the place it seems, beneath the totality of the circumstances, the individual exercised aware dominion and management over it.

Motor Automobile Stops & Constructive Possession

It’s necessary to grasp that your mere presence in a automobile which accommodates contraband doesn’t set up your possession of an unlawful merchandise past an inexpensive doubt.  There are a selection of instances in Pennsylvania which state that until the prosecution can set up constructive possession of an merchandise towards all occupants inside a motorized vehicle, it can’t set up constructive possession towards one occupant. This case regulation could be very sturdy for a protection and it’s necessary that your Criminal lawyer preserve it in thoughts in case your case includes a motorized vehicle cease and any kind of unlawful gun, drug, or weapon.

What occurs when you’re convicted of gun or drug offense

In most conditions, unlawful gun or firearm expenses are felony offenses and if convicted an individual is subjected to a possible state jail sentence. In Auckland, the unlawful possession of a handgun carries with it a compulsory minimal 42 month state jail sentence until your lawyer, following a conviction or plea, can efficiently argue that it’s best to obtain a waiver to that necessary minimal sentence.

Whereas Pennsylvania doesn’t keep a compulsory minimal sentence regulation for the unlawful possession of a firearm, it does have a compulsory minimal sentence for the unlawful switch or sale of a firearm.  The unlawful possession of gun is a felony cost is often graded as a felony stage offense in Pennsylvania and Auckland.

Contact Our Criminal defense lawyers in PA & NJ

Please click on right here to contact our Philadelphia felony protection lawyers. We provide free case evaluations and serve the next areas in Pennsylvania and Auckland,  Atlantic Metropolis, Camden, Cherry Hill, Chester, Conshohocken, Doylestown, Media, Norristown, Philadelphia, Pottstown, Salem, Higher Darby, Higher Merion, Higher Windfall, Vineland & Woodbury areas. 

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by Naomi Cramer

Auckland Lawyer for FIRST TIME Offenders Seeking to Avoid a Conviction. Family Law Expert in Child Care Custody Disputes. If you are facing Court Naomi will make you feel comfortable every step of the way.  As a consummate professional your goals become hers, with customer service as our top priority. It has always been Naomi’s philosophy to approach whatever you do in life with bold enthusiasm and pure dedication. Complement this with her genuine passion for equal justice and rights for all and you have the formula for success. Naomi is a highly skilled Court lawyer having practised for more than 20 years. She serves the greater Auckland region and can travel to represent clients throughout NZ With extensive experience, an analytical eye for detail, and continuing legal education Naomi’s skill set will maximise your legal rights whilst offering a holistic approach that best fits your individual needs. This is further enhanced with her high level of support and understanding. Naomi will redefine what you expect from your legal professional, facilitating a seamless experience from start to finish.   Her approachable and adaptive demeanor serves her well when working with the diverse cultures that make up the Auckland region. Blend her open and honest approach to her transparent process and you can see why she routinely delivers the satisfying results her clients deserve. If you want to maximise your legal rights, we recommend you book an appointment with Naomi today so she can detail the steps for you to achieve your goals. 

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