Can you be charged with unlawful use of a gun, if there was no gun found?

Get Legal Help Today

 Secured with SHA-256 Encryption

Can you be charged with unlawful use of a gun, if there was no gun found?

My brother just turned 18 and is being charged with unlawful uses of weapons – carry/possession of a firearm in public school and no FOID card. However there was no firearm. According to school documents, there were 2 bullet shells and a potential weapon (bent piece of metal) found in his unattended bag. His bag was left in the cafeteria and it was taken by the dean as 2 students were arguing with each other re: the bag. He is being charged with a class 4 felony. Is this the correct charge, considering there was no actual firearm? Should he speak with a criminal law attorney? IN DuPage County, IL>

Asked on October 12, 2010 under Criminal Law, Illinois

Answers:

M.T.G., Member, New York Bar / FreeAdvice Contributing Attorney

Answered 10 years ago | Contributor

Yes, your brother should speak with a criminal defense attorney in your area as soon as possible.  First, he is 18 and will be charged as an adult and not a minor.  Second, if a conclusion can be drawn that the the metal piece found could in some way be fashioned in to a gun or gun- like instrument along with the shells then he is sunk.  Not all "weapons" are the traditional ones we think of in this day and age.  People can fashion a gun out of almost anything.  The fact hat the material was in a public school will also not bode well with the prosecutors.  Get help.  Good luck.


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 AttorneyPages.com 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.

Get Legal Help Today

Find the right lawyer for your legal issue.

 Secured with SHA-256 Encryption