How can I get a Class 6 Felony for misconduct with a deadly weapon dropped?
Question Details: I got convicted of misconduct with a weapon last night. Me and 3 buddies were at the river and they were shooting off rounds but it was on tribal land, which I didn't know was illegal. I did not physically shoot any gun. We matched a vehicle description, got pulled over, they found the guns and all of us were arrested and charged for the same thing. I choose to remain silent after being read my miranda rights. I'm being appointed a public attorney but I want someone experienced. Due to me not firing any gun, can I get this case dropped. And do any lawyers have any advice for me?
First you have the right to retain your own attorney if you choose. In the case in which you are not able to afford one, the court may appoint you an attorney. In this case, the issue will be whether or not the prosecutors can prove beyond a reasonable doubt that you were in possession of these firearms and illegally fired or used these firearms in an illegal manner. This will usually include having witnesses testify to what they heard or saw; police testimony; and whether or not the persons you were with decide to plead guilty and testify against you to say that you too were firing the weapons.
