If some one is charged with aggravated discharge of a firearm and there's no gun will he do time?

My brother is being charged with aggrav dis of a firearm and it wasnt him. He knows who it was. should he tell who it was or fight the case on account there is no gun, no GSR, no residue on his clothing or anything. I mean is it gona look like there tryna pull a big fish little fish scheme??
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Answers (2)

Howard Woodley Bailey

Howard Woodley Bailey

Contributor Level 9
Whether or not a person charged with a crime (which obviously can result in a conviction, a criminal record, incarceration, and other consequences) should defend himself or offer to cooperate with the State is not something that can be properly assessed from the facts you list.

I strongly urge your brother to contact an experienced criminal defense lawyer admitted to practice law in IL (a number of excellent ones list here on Avvo.com) and discuss with the lawyer, under the attorney-client privilege, exactly what information he has; what his involvement actually was; and, what proofs the State will likely seek to use against your brother. An assesment can then be accurately made by the lawyer upon which your brother can base his decision on how to handle this. Good luck.

DISCLAIMER
This answer does not create an attorney-client relationship or constitute legal advice. Given the nature of this website, it is provided solely for informational purposes, for you to use as a starting point when speaking directly with a lawyer in your State. Do not assume that the legal theories I mention that pertain to NJ will apply in your State. I urge you to immediately contact an experienced criminal defense lawyer admitted to practice in your State before making any decisions about this case.
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Joseph Briscoe Dane

Joseph Briscoe Dane Avvo Pro

Contributor Level 8
This is something to discuss in depth with his attorney.

The DA would have to prove it was your brother that did the shooting (unless they're proceeding under gang theories, aiding & abetting, etc.). From what you write, they may have a hard time proving your brother did anything.

Having said that, he's rolling the dice with a serious charge. If he has information that may help him, that may also be something to explore with his attorney.
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