Just because the government accuses a person of a crime does not mean that the person is a criminal. Sometimes the prosecutors are wrong. Sometimes the prosecutors trust and then rely on false reports by police officers. Attorney Anthony Wright became committed to defending the accused following his own encounter while in law school with Las Vegas police officers who wrote inaccurate facts in their police report--which resulted in an internal affairs investigation and interest by the American Civil Liberties Union.
Police and prosecutors can jump to conclusions and tarnish reputations with horrible and false accusations. For instance, Anthony has worked on a case where innocent business men were accused of slavery, and the charges were so egregious that the case received world-wide media attention. The charges were ultimately dropped by the US Attorneys office, but not until after the defendants spent many days in jail and had to suffer the stress of the United States government's false accusations.
If you have committed a crime, you may be "overcharged" meaning that you are accused of a much more serious crime than you ought to be. For example, a shoplifting crime could be trumped up from a misdemeanor to felony burglary. In his work with the Las Vegas public defenders office, Anthony was privileged to assist many individuals who had difficult lives that were only made more difficult by criminal charges.
The Wright Law Offices will review your charges, the evidence against you, whether the evidence was appropriately gathered and whether it is sufficient for the crime with which you are accused, and will attempt to negotiate with the prosecutor in charge to reach a settlement that you can live with.
If a negotiation cannot be reached, then we shall prepare to go to trial so that a judge or jury will determine your guilt or innocence.
Nevada has had a law on the books since 1989 that makes possessing a BB Gun at a school or child care facility a crime. Here is the relevant language from that Nevada Revised Statute:
5. For the purposes of this section:
(a) “Child care facility” means any child care facility that is licensed pursuant to chapter 432A of NRS or licensed by a city or county.
(b) “Firearm” includes any device from which a metallic projectile, including any ball bearing or pellet, may be expelled by means of spring, gas, air or other force.
However, prosecutors have successfully argued before the Nevada Supreme Court that a BB gun should be considered a firearm and deadly weapon even when it is not carried in a school or child care facility. A dude named Funderburk robbed a Burger King with a BB gun. Last I checked, Burger Kings are not regarded as schools or child care facilities. Heck, Burger Kings don’t even have playgrounds like Mc Donalds have.
Nevertheless, our prosecutors convinced our Supreme Court Justices that Funderburk (the name is reminecent of the comic genius Don Martin’s cartoon characters), ought not just be charged and convicted of robbery, but robbery with a deadly weapon (aka firearm). The Supreme Court said that it did not see anything wrong with enhancing Funderburk’s crime since he used a BB Gun. See Funderburk v. State, 125 Nev. Adv. Op. No. 25, July 30, 2009.
After this decision, you might think twice about carrying a BB gun at all without having it registered or paying the concealed weapons permit tax.
If you have been charged with a weapons related crime, contact The Wright Law Offices immediately.
Copyright: August 20, 2009
By: Anthony M. Wright, Juris Doctor