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Lucy, Esq.
Lucy, Esq., Lawyer
Category: Criminal Law
Satisfied Customers: 28777
Experience:  Criminal Justice Degree, JD with Criminal Law Concentration. Worked for the DA and U.S. Attorney.
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If you are accused of reckless in danger meant firing in

Customer Question

If you are accused of reckless in danger meant firing in possession of a gun but never got caught with the weapon but they say they have you on video but never produced the video or at least the picture from the video at the first court date got bailed out 10,000
Submitted: 1 year ago.
Category: Criminal Law
Expert:  Lucy, Esq. replied 1 year ago.
Hi,

My name is ***** ***** I'd be happy to answer your questions today. I'm sorry to hear that this happened.
They are not required to produce evidence before the initial hearing, even when bail is requested, but they do have to show it to you when you ask for it. A person who has been accused of crime has the right to submit a written request to the district attorney for copies of all the evidence against him. This is called discovery, and they cannot refuse.
To get a conviction, they have to prove the case against you beyond a reasonable doubt at trial. That means they'll need some evidence that you actually possessed a gun. And they have to tell you in advance what that evidence is.
If you had an attorney appointed for you at the initial appearance, he can request copies of all the evidence against you at that time. If you didn't have an attorney appointed and cannot afford to hire someone, you can contact the public defender's office (unless you have an arraignment coming up). Otherwise, you can submit the written request to the district attorney yourself.
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Customer: replied 1 year ago.
They picked my friend up at home not on the scene where allegedly the incident happend but if there was looking for a gun wouldn't they have a search warrant for l her nd the house to look for the weapon
Expert:  Lucy, Esq. replied 1 year ago.
They need an arrest warrant or a search warrant, so they didn't necessarily have a search warrant with them. Also, sometimes a search warrant just says "You can search this property for John Doe."
They could have chosen to search the area around your friend at the time of the arrest, but if they had video evidence and the gun is owned lawfully, maybe they felt it wasn't necessary. The fact that the police didn't search won't impact whether the arrest was lawful unless they didn't have any warrant at all.
The warrant is another thing that can be requested as part of discovery.