If you face charges of unlawful possession of a firearm, it is essential to retain an attorney that will seek the prohibition of any evidence that should not be admitted against you at trial. Recently, a Washington appellate court upheld a defendant’s conviction, finding that his attorney’s failure to object to the state’s admission of written statements regarding his alleged firearm crimes did not constitute a prejudicial error. If you face charges of a weapons crime, you should meet with a skilled Washington weapons charge defense attorney who will fight vigorously to preclude any evidence the state should not be permitted to introduce against you.
Facts Regarding the Alleged Crime and Investigation
Reportedly, the defendant stayed at his brother’s apartment on occasion. The defendant did not have a key to the apartment and was only permitted in the apartment with his brother’s permission. The defendant was one of few people who knew his brother owned a gun and where it was stored. The defendant’s brother came home one evening to find his apartment window broken and his gun missing. He contacted the police and advised them as to what had occurred, and also claimed that his brother was the likely suspect. He provided the police with a written statement as well. The defendant allegedly texted his brother, asking why he was a suspect and stating he was only borrowing the gun and intended to return it.
Allegedly, the defendant’s brother found the gun in a plastic bag on the handle of his front door a few weeks later. He contacted the police and provided them with a second written statement. The defendant was subsequently charged with and convicted of first-degree burglary, theft of a firearm, and second-degree unlawful possession of a firearm. The defendant appealed his conviction, arguing that his attorney provided ineffective assistance of counsel due to his failure to object to the introduction of his brother’s written statements at trial. On appeal, the court affirmed.