Case: State v. ET
Charges: Felon in Possession of a Firearm (AKA Prohibited Person in Possession of Firearm/Ammunition)
Outcome: Not Guilty on all charges
ET was charged with being a felon in possession of a firearm. When a person is convicted of any violent felony offense, they lose their right to possess guns and ammunition. The charge of Felon in Possession of a Firearm carries probably the most unfair sentence of any Minnesota statute. In Minnesota, if you are convicted as a felon in possession of a firearm, you will automatically be sentenced to 5 years in prison (60 months). Although their are circumstances where a defendant can work around that 5 year sentence, it is an extremely unfair punishment to a victimless crime.
ET was not willing to accept a 5 year prison sentence. He decided to take his case to trial. We argued that although the gun was found near ET, there was no proof he actually possessed the weapon. It was a very difficult case and the jury spent days deliberating. Ultimately, they made the correct decision and found ET NOT GUILTY on all counts.