Am I going to be convicted with the gun charge? 5 Answers as of January 05, 2012

If you'd innocent then don't be afraid to go to trial. That's what I think.

The case against you is a felony which carried a potential prison term. If you have a bad record that will effect your potential prison term. If you have a prior gun possession charge that will also come into play. If you go to trial the jury may believe you or they may not. If you are innocent you should go to trial unless you decide to take the plea and serve the 15 days which will only be 10 days with good time taken off. If you already have a bad record and are not looking to gamble on doing more than 10 days in jail perhaps you should cut your losses. If you have a clean record and are truly innocent then retain a good criminal lawyer and pay him the $10,000 or more that he will charge you and put the prosecutor to the test. He must prove that the gun was possessed by you. If you are innocent then your prints will not be on the gun. If they did not test for prints your lawyer can point that out and exploit that very critical piece of evidence. Your lawyer can also have the gun tested for not only your prints but the prints of the other men in the apartment. The history of the gun and where it was purchased or stolen from could also be useful to you. Public defenders do not usually take thee time to properly investigate their cases. They also may not even think to make certain arguments or do fingerprint tests. They may not have the same skill or persuasion as a good criminal lawyer with 20 years experience. A good lawyer could win this case, a bad public defender will probably lose it. Some public defenders are very good and some are not very good at all. Some take the time to prepare the case and some do not. If your lawyer is not even showing up for court it does not appear that it is a priority for him and that would make me hesitate to have him try the case. Perhaps he had other cases a few times and that is common, but if he simply does not show up for more than four appearances it may be a sign that he is not being responsible and diligent in his representation.

I would need to know all the detailed facts, a conviction is up to the judge or jury if there is a jury trial, they can convict if they believe the prosecutor proved the case beyond a reasonable doubt.

Going out of a window from a place where a weapon was found can be the basis of charging you with gun possesion- get a good lawyer!

Most likely you will be put on probation and/or get youthful offender status.