When people are being investigated for or charged with criminal conduct in New York, it can be very easy for them to do and say things before speaking to an attorney in order to try to clear their names. Often times, this means allowing authorities to conduct a search of their home, office or vehicles without a valid search warrant. However, if and when this happens, a person who is ultimately charged based on the findings of a search can work with an attorney to challenge the search. If it is determined that the search was improperly conducted, any resulting charges can be dismissed.
This was the outcome of a recent case involving a man who was facing a staggering 35 felony weapons charges in another state. If convicted, the man would have been looking at some serious consequences. But with the help of his attorney, the man was able to challenge the search that led to the charges and identified legal issues with the warrant and the execution of the search.
The man is a gun collector who was in possession of a number of weapons. An unidentified source allegedly informed the police that some of the weapons this man had were stolen from a military base and included powerful machinery like assault rifles and a grenade launcher.
When the authorities approached the man, he believed he had no reason to hide anything, since he was sure he did not have any stolen weapons, so he allowed the officers to search his home. In fact, the man even helped during the process.
After the search, police reported that they collected a grenade launcher and a silencer, but that was inaccurate. What they had actually seized was a flare gun and a part from a child-sized rifle. They also took a few other guns, but none of them had been stolen and they all belonged to the man.
And after identifying a number of issues with the search warrant, prosecutors had no choice but to have the charges dismissed.
This case is a strong reminder to people in similar situations that charges can be challenged and a person’s name can be cleared, no matter how serious the allegations are. It can be a good idea for people to work with an attorney in order to protect their rights and pursue the dismissal of charges.
Source: The Fresno Bee, “Charges dropped against Kingsburg man accused of having illegal weapons,” Oct. 24, 2013