People v. TS

Our Client was charged with Aggravated Unlawful use of a Weapon by a Convicted Felon.  He was facing from 3-7 years, mandatory prison time.  The prosecution offered 3 years in prison.  We rejected their offer and took the case to trial.  At trial, Officers testified that they were serving a search warrant on a single family home.  Our Client was listed as the target of the search warrant.  However, our Client was not there.  Officers did not know when the last time, if ever he was in the residence.  In a bedroom, they found our Client's social security card, a training certificate with our Client's name on it, a piece of mail addressed to our Client (with the next door address on it though, not the address they were searching), multiple items of mail clothing and shoes, pictures, 2 guns and some ammunition.  The prosecution argued at trial that because the items which can, without a doubt, be said to have belonged to our Client (social security card, training certificate, letter, pictures), then the guns and ammo also must belong to our Client.  We argued that there was not enough evidence to show constructive possession of the guns and ammo by our client.  Therefore, there was reasonable doubt and the State failed to meet their burden.  We were victorious.