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Client Stories - OLD

Possession of a Firearm by a Convicted Felon

Michael had pled guilty to a felony charge decades ago. His wife was suffering from Alzheimers and Michael was her sole caregiver. She had an old family heirloom shotgun locked away in a gun cabinet. Police came to the home when a neighbor called to complain about Michael's wife wandering around the yard. Police discovered the shotgun and charged Michael with possession of a firearm by a convicted felon. The prosecution wanted Michael to go to jail for a year. We took the case to a jury. We waited until the jury was sworn and the prosecution tried to enter Michael's certified copy of conviction into evidence – we objected based on Nash v. State ; Gideon v. Wainwright; and Boykin v. Alabama (that the government couldn't prove that Michael had an attorney on his prior felony conviction) and the Court agreed – barring the conviction and rendering a verdict of Not Guilty for Michael. He returned home to care for his wife until she later passed.

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