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

Expert's Assistant chat
Customer: Hello- 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 but only being charged by here say?
JA: Is there a felony conviction? Is there an active parole or probation?
Customer: No this person has never been convicted or on probation
JA: Where are you located? Gun ownership laws vary by state.
Customer: Rochester NY
JA: Is there anything else the Lawyer should know before I connect you? Rest assured that they'll be able to help you.
Customer: O .the aunt - I can give you my mom's number as she is more active in this apparently it is the ex girlfriend that is accusing my nephew after they broke up of shooting into a home but he was in North Carolina at the time
Answered by Stephen L in 7 mins 1 year ago
imglogo
Stephen L
10+ years of experience
logo

18946 Satisfied customers

Expert in: Family Law, Legal, Estate Law, Real Estate Law, Criminal Law, Employment Law, Business Law, Consumer Protection Law, Bankruptcy Law, Traffic Law, Personal Injury Law.

logoimgimgVerified lawyers, 10+ years of experience
Chat with a Lawyer in minutes, 24/7
imglogo

Verified lawyers, 10+ years of experience

Save time and money. Get specialized help.

imglogo
Stephen L
10+ years of experience
logo

18946 Satisfied customers

Jessica

Jessica

Consultant

31,131 Satisfied customers

Pearl avatar
Lawyer's, Assistant
14 Lawyers are online right now.
img

Stephen L, Expert

Hello and welcome to the JustAnswer Legal Page! This service is the preeminent online service for information regarding your legal issues. Your question is very important to me so thank you for using our service. My name is***** an attorney here at JustAnswer, I received your question and I reviewed it.

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

I am sorry you are dealing with this problem and I will try to help you.

Is there anything else additional, different or supplemental that I need to know about so that I can provide you with a full and complete answer to your question?

Customer
There is no gun found in the charges it is only being pursued by here say of an ex an girl friend
Customer
We just need to know if the officer who instructed my family not to lawyer up should be brought up on charges as well
img

Stephen L, Expert

Thank you for providing additional information.

This sounds extremely frustrating and stressful but there are potential options.

Please give me a few minutes to prepare an answer to your question and I will get back to you shortly.

Customer
Thank you
Customer
No gun was ever found , my nefew doesn't even own a gun and he was in NC visiting family as the time the accuser says her home was shot at - he has Google maps and pictures to prove where he was at the time this crime was committed
Customer
This is where we are at this point in time - about to get a lawyer as we were instructed not too and then all these charges start piling up from the prosecutor
img

Stephen L, Expert

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.

Thank you for using JustAnswer. I hope that this response gives you guidance as to how you can proceed. If you have any additional questions, on this subject, please feel free to let me know. I wish you well.

Customer
If the person in question being investigated by the police is handicapped .....can that be used to defend my nephew?
Customer
This is the last question
img

Stephen L, Expert

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.

Customer
Thank you so very much
img

Stephen L, Expert

You are very welcome. Have a good day.

Ask a lawyer and get your legal questions answered.
See all Legal Questions
img
Related Legal Questions
DWI question
10.25.2021
img
Stephen Loeb
Legal Specialist
18,946 Satisfied Customers
DWI question please
10.25.2021
img
Nisha Jones
Legal Specialist
32,114 Satisfied Customers
How it works
logoAsk for help, 24/7
Ask for help, 24/7
Members enjoy round-the-clock access to 12,000+ verified Experts, including doctors, lawyers, tech support, mechanics, vets, home repair pros, more.
logoExpert will respond in minutes
Expert will respond in minutes
After you reach out, we match you with an Expert who specializes in your situation. Talk, text, chat, whichever you prefer.
logoSave time & money
Save time & money
No scheduling hassles, missing time from work, or expensive consults.
A JustAnswer membership can save you significant time and money each month.
img
logo 593 Verified lawyers, 10+ years of experience
DISCLAIMER: Answers from Experts on Askalawyeroncall.com are not substitutes for the advice of an attorney. Askalawyeroncall.com is a public forum and questions and responses are not private or confidential or protected by the attorney-client privilege. The Expert above is not your attorney, and the response above is not legal advice. You should not read this response as proposing specific action or addressing your specific circumstances, but only to give you a sense of general principles of law that might affect the situation you describe. Application of these general principles to particular circumstances should be done by a lawyer who has spoken with you in confidence, learned all relevant information, and explored various options. Before acting on any information received from an Expert, you should hire a lawyer licensed to practice law in the jurisdiction to which your question pertains. The responses above are from independent, freelance Experts, who are not employed by Askalawyeroncall.com . The site and services are provided “as is”. To view the verified credentials of an Expert, click on the “Verified” symbol in the Expert’s profile. This site is not for emergency questions which should be directed immediately by telephone or in-person to qualified professionals. Please carefully read the Terms of Service.
Explore law categories
Powered by JustAnswer