How can I get a Class 6 Felony for misconduct with a deadly weapon dropped?

UPDATED: Aug 5, 2012

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How can I get a Class 6 Felony for misconduct with a deadly weapon dropped?

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?

Asked on August 5, 2012 under Criminal Law, Arizona


Kevin Bessant / Law Office of Kevin Bessant & Associates

Answered 10 years ago | Contributor

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.

IMPORTANT NOTICE: The Answer(s) provided above are for general information only. The attorney providing the answer was not serving as the attorney for the person submitting the question or in any attorney-client relationship with such person. Laws may vary from state to state, and sometimes change. Tiny variations in the facts, or a fact not set forth in a question, often can change a legal outcome or an attorney's conclusion. Although has verified the attorney was admitted to practice law in at least one jurisdiction, he or she may not be authorized to practice law in the jurisdiction referred to in the question, nor is he or she necessarily experienced in the area of the law involved. Unlike the information in the Answer(s) above, upon which you should NOT rely, for personal advice you can rely upon we suggest you retain an attorney to represent you.

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