East Saint Louis, IL asked in Criminal Law and Federal Crimes for Illinois

Q: If someone house get searched and Cahokia heights IL 62206 and the police find a gun in the house and they take 5 people

They take 5 people to jail that was in the house but nobody finger prints on it and the next door neighbor accuse one person of using a gun and the police let 4 people go and only keep one and charge them with 3 charges of recklessly using firearm and assault what happen next

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James L. Arrasmith
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A: Let me help you understand this legal situation step by step.

In this case, if someone is charged only based on a neighbor's accusation without physical evidence like fingerprints, their defense lawyer would likely challenge the evidence in court. The lack of fingerprints and the fact that multiple people were present in the house could create reasonable doubt about who possessed the firearm.

The next steps would typically involve court appearances, starting with an arraignment where the charges are formally presented. The accused person would have the right to legal representation, and if they cannot afford an attorney, one would be appointed by the court. Their lawyer might file motions to suppress evidence or challenge the validity of the arrest based on the circumstances.

During this process, the defense could argue that the neighbor's testimony alone isn't sufficient proof beyond reasonable doubt, especially given the lack of physical evidence connecting their client to the weapon. The outcome would depend on many factors, including the specific details of the neighbor's testimony, any additional evidence the prosecution might have, and how well the defense team presents their case. You should contact a criminal defense attorney immediately to discuss your specific situation and protect your rights throughout this process.

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