I just received a not guilty verdict in Potter County in a case where my client was accused of possession of a firearm. My client had a previous felony conviction. The law in Texas is basically that after five years a person with a felony conviction may possess a firearm in his home, but nowhere else after the lapse of five years from the date he was discharged from his sentence. My client was accused of possessing a gun on his sisters property. However, there was no forensic evidence, or direct evidence connecting my client to the gun. One witness testified she saw my client fire a weapon, but no one else or any evidence connected my client to the weapon. In fact the "eyewitness" never even testified she saw a weapon in my client's hand. My client had previously plead guilty to a class A misdemeanor of firing a firearm inside the city limits related to the case, but when he did so he was unrepresented by an attorney and my client only had a 9th grade education. He did not even read the plea papers and entered his time served plea only to get out of jail and get back to work because he was too poor to bond out.
Two points I think are relevant other than the obvious acquittal:
1. Never ever sign or plea to a criminal case without an attorney. If not for a very intelligent jury and some good trial work my client's prior plea could have sent him to prison for up to ten years. If you are charged with a crime let an experienced attorney do his job and make the State prove their case.
2. When it comes to firearms know the law. Know where you can possess a weapon and under what circumstances.
My client and his family narrowly escaped a horrible experience. I was proud to protect his legal rights.
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