Legal Question in Criminal Law in Maryland

how can i find out if the gun i am charged with is a anitque? My house was raided because the police said we were selling drugs but i am only charged with a firearm. is that grounds for dismissal if i m not charged with drugs. this is in federal court my only charge is a firearm but i am a convicted felon

they also said i was a black female and i am white, there was people selling out the empty house next door what can i do?


Asked on 2/17/11, 7:43 pm

1 Answer from Attorneys

William Welch William L. Welch, III Attorney

There are price guides that gun dealers use would probably classify whether the item is a firearm. Likewise a knowledgeable dealter could probably tell you. However, the government may argue that you incriminated yourself, if you try to find out for yourself. Instead, you should take advantage of attorney - client privilege and have your lawyer do it for you. What your lawyer says and does on your behalf is not admissible against you.

No, it is not grounds for dismissal. In federal court co-defendant cases the U.S. Attorney sometimes files superseding indictments. If some defendants decide to cooperate as government witnesses against the others, the cooperating defendants avoid the more serious charges in the superseding indictment(s). For example, 18 U.S.C. 922(g), which makes it illegal for a person convicted of a felony to possess a firearm, carries a maximum penalty of ten years. 18 U.S.C. 924(c), which makes it illegal to use a firearm for drug trafficking, carries a maximum of life and a mandatory minimum of five years.

Inaccuracies describing you or the location of the crime may create doubt in a juror's mind. However, other evidence may persuade jurors to disregard those inconsistencies.

You should make an appointment to discuss all of these issues in confidence with your lawyer. Remember that these forums are not confidential.

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Answered on 2/18/11, 4:17 am


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