How do I go about getting guns finger printed? 12 Answers as of August 08, 2014

I've been charged with Violent Felon Poss / Tran Weapon. How can I file a Motion for Discovery? I really need to get them guns finger printed. It will tell the truth. I got myself in a situation with three cousins. It is my word against theirs. Thank you for what ever you can tell me.

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Law Office of Victor Knapp | Victor Knapp
Your lawyer would need to: 1) Make a formal request that the police preserve and/or conduct forensic (DNA/fingerprinting) testing on the weapon; and 2) Obtain a court order directing that the police custodian of the weapon allow inspection by the expert (that you hire) for the purposes of conducting tests.
Answer Applies to: New York
Replied: 8/8/2014
Lawrence Lewis
Lawrence Lewis | Lawrence Lewis, PC
Your cousins. Your family. You file the motion by filing the motion. The problem is you do not know what motion to file. So, retain an attorney.
Answer Applies to: Georgia
Replied: 8/8/2014
Universal Law Group, Inc. | Francis John Cowhig
If you haven't done so already, it's time to hire the best attorney you can afford. Discovery requests and motions are not that simple to prepare and argue to a judge.
Answer Applies to: California
Replied: 8/7/2014
Law Offices of Steven J. Topazio
Law Offices of Steven J. Topazio | STEVEN J TOPAZIO
You or your attorney should file a motion with the court asking the Judge to order the commonwealth to have its ballistician fingerprint the weapons or if you have your own expert, ask the court for permission to have your own expert fingerprint the weapons.
Answer Applies to: Massachusetts
Replied: 8/6/2014
Connell-Savela | Jason Savela
A good lawyer or public defender knows how to do this. I assume the guns are in the custody of the police. The police may test them for prints. The defense can hire a confidential defense expert in finger prints that can often take custody of the guns and attempt to get prints off of them. A request to the DA and sometimes a motion to the court are necessary. If it is early in the case, likely these will be denied until the police have a reasonable opportunity to test them. Good luck.
Answer Applies to: Colorado
Replied: 8/6/2014
    Gates' Law, PLLC | Thomas E. Gates
    Finger prints will not help you. Besides not owning any firearms, you were not permitted to be around them. This includes even a gun safe.
    Answer Applies to: Washington
    Replied: 8/6/2014
    Austin Legal Services, PLC
    Austin Legal Services, PLC | Jared Austin
    Your attorney can and should file any necessary motions in your case. If you are charged with a felony, you especially need to be represented by an experienced criminal defense lawyer. If you are going at it alone, you are being very foolish. Also, keep in mind that it is extremely hard to recover fingerprints from guns because of the oils and how they are made, they are simply not conducive to recovering fingerprints. Law enforcement will tell you that it is rare to recover a useable fingerprint from a gun. Just one of many reasons why you need a lawyer and under no circumstances should you be representing yourself. Furthermore, the type of motion you describe is not a discovery motion. Please, please do yourself a serious favor and retain a lawyer that makes criminal defense a primary part of their practice at once. If you cannot afford one, beg and borrow (don't steal) from anyone you know to hire one. If all else fails, ask the court to appoint you one.
    Answer Applies to: Michigan
    Replied: 8/6/2014
    Simpson Law Office, PLLC | Alexander J. Simpson, III
    You are charged with a very serious crime that could send you to prison for a long time if you are convicted. You need an attorney. If you can't afford one, an attorney should be appointed to represent you. You've got way too much at stake here to try representing yourself.
    Answer Applies to: Mississippi
    Replied: 8/6/2014
    DeVoe Treadwell, Attorney at Law
    DeVoe Treadwell, Attorney at Law | DeVoe Treadwell, Attorney at Law
    It's really up to your current attorney to bring a motion in from of the court to have the guns independently tested for fingerprints, and then have that expert testify at the time of trial regarding his findings. If your prints are not on the guns and the guns were not in your possession but that of another, then there should be a good chance at acquittal. However, there is never a guarantee of what a judge or jury may or may not due. Thus, contact your attorney and have the guns independently tested. You may however have to pay for the testing and the expert fees for the expert to testify at the time of trial. Contact your attorney and please have this discussion with him or her.
    Answer Applies to: Kansas
    Replied: 8/6/2014
    Barton Barton & Plotkin
    Barton Barton & Plotkin | Maurice Ross
    You need to hire a lawyer. Or ask your public defender. But I doubt if fingerprinting will be sufficient to exonerate you. If your cousins prints are on the gun, what does that prove? Not much.
    Answer Applies to: New York
    Replied: 8/6/2014
    Law Office of Brendan M. Kelly
    Law Office of Brendan M. Kelly | Brendan M. Kelly
    You need to get a lawyer or court appointed counsel and request the weapons be tested for finger prints. Good Luck with your case.
    Answer Applies to: Nebraska
    Replied: 8/6/2014
    Michael J. Harris, Attorney at Law
    Michael J. Harris, Attorney at Law | Michael Harris
    You just need to hire a lawyer. A decent lawyer will take care of this. If you insist on doing this yourself, you will be miserable and will probably lose the case and get overly severe punishment. Many innocent people end up in prison because they do not get a good lawyer.
    Answer Applies to: Colorado
    Replied: 8/6/2014
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