A gun was fired it was not me but they are attempting to charge me with a reckless discharge, cause no one gave a statement

Asked over 4 years ago - Minnetonka, MN

i owned the gun, it was at my apartment they shot it on my deck, i hid the gun because it was mine, no one gave statements do they have any way of charging me?

Attorney answers (4)

  1. Maury Devereau Beaulier

    Contributor Level 19

    Answered . Thank you for your post.

    You can be charged with an offense if the prosecutor believes there is probable cause to support htat charge. Even circumstantial evidence such as possession or constructive possession of the weapon may be sufficient to convince a prosecutor to charge out a case.

    However, your attorney may challenge probable cause if charges are filed as part of a pretrial hearing. If a Judge determines the evidence too weak, the case would never even proceed to a trial.

    For a consultation in Minnesota call 612.240.8005

  2. John Leif Fossum

    Contributor Level 17

    Answered . It is important that you not post detail on the internet that could be traced back to you, because the government could use them as statements against you. The prosecutor can charge you if they determine there is probable cause as one of my colleagues noted. If you would like to get some good advice on the situation, you should contact an attorney and seek a consultation.

  3. Thomas C Gallagher

    Contributor Level 17

    Answered . This question could be used as evidence against you, potentially. Avoid stating facts about what you did, on the web.

    Not giving police a statement makes it less likely criminal charges will be filed, not more.

    There are many situations where the government may suspect a crime was committed, but lacks enough evidence to charge any person with a crime.

  4. Robert David Butler

    Pro

    Contributor Level 10

    Answered . before you can be convicted, the government has to prove beyond a reasonable doubt you committed the act. If there are numerous folks who could have done it, conviction seems unlikely. That is conviction, they of course can charge you with the crime and make you defend yourself, that just take probable cause to believe a crime was committed and you are the actor who committed the crime. Contact a local criminal defense attorney even if you have not been charged. Frequently a well placed phone call from counsel can cause the charges to be avoided all together.

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