I have a question on criminal law. Can a person be charged with a 6 count if they never owned a gun and no gun was found

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• If I understand correctly, you are asking about whether an individual can face criminal charges solely based upon the testimony of an accuser.

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Criminal charges can be presented when there is probable cause that a crime exists. A prosecutor will further indict upon a presentation of the evidence if the prosecutor believes that the individual charged can be convicted beyond a reasonable doubt. Without physical evidence it will be difficult (but not impossible) to successfully prosecute the defendant. A defendant CAN be arrested solely upon the testimony of a witness if law enforcement concludes that the testimony is credible. Further a prosecutor can use the basis of the testimony of a sole witness to seek an indictment and conviction. It would then be up to a jury to assess the basis of the testimony of the witness.

Of course, witnesses have motives and memories are not infallible which is why its rare for prosecutors to only use testimony as the basis of proof, but it is not by itself unlawful to solely use testimonial proof as opposed to physical evidence.

Of course, if it can be proven that the complainant made up the story or lied they can be charged with filing a false complaint.

As for your other question, it is not against the law for police officers to advise a person not to get a lawyer or even to lie, so long as they, upon arrest, instruct a defendant of his rights to retain a lawyer and that he may remain silent. Police officers cannot continue to question a witness once a defendant has indicated his desire to be represented.

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If they are handicapped in a manner that they cannot really understand the consequences of the questions or their actions, then yes that is a defense that they did not have the capacity to provide reliable information.

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