Springfield, MO asked in Criminal Law and Federal Crimes for Missouri

Q: How can I be charged with unlawful possession of a firearm not being a felon and not committing a felony.

Wasn't arrested or detained out even questioned about it.

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1 Lawyer Answer
David Casey
David Casey
  • Licensed in Missouri

A: There’s no way to know without seeing all of the evidence that is in the possession of the state. You have a right to something called discovery - this is the formal name for the process by which the parties to a legal proceeding gather facts and information in possession of the other party. In criminal cases specifically, a defendant has a right under what is known as the Brady Rule, from a famous 1963 Supreme Court case and subsequent law, to inspect the evidence in possession of the state. This is typically one of the first steps that a criminal attorney will take - motions for disclosure of state’s evidence.

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