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S. Huband, Esq.
S. Huband, Esq., Attorney
Category: Criminal Law
Satisfied Customers: 1628
Experience:  Experienced and knowledgeable criminal defense attorney.
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My brother was arrested today. A rifle he owns fell and misfired

Customer Question

My brother was arrested today. A rifle he owns fell and misfired into his neighbors apartment grazing his hand. We live in Alabama. They are considering charging him with reckless use of a firearm or 2nd Degree Assault. What should we do?
Submitted: 2 years ago.
Category: Criminal Law
Expert:  S. Huband, Esq. replied 2 years ago.
Thank you for the opportunity to assist you.
Q) What should we do?
If your brother has not already spoken to the cops about the facts of the case or what happened, HE SHOULD NOT SAY ANYTHING. There's a reason we have a 5th amendment right to remain silent. He should definitely stay silent and assert his 5th amendment right. If he HAS already talked to the cops, tell him to not say another word.
By the way, you don't to have to talk to the cops, either. You may not have a 5th amendment right in this situation, per se, but I wouldn't talk to them if I were you. It's rare that talking to the cops produces anything positive in this type situation.
He should also retain an attorney as soon as possible. Either of these charges carries possible jail time, and an attorney will be crucial in getting him the best result achievable under the facts. If he cannot afford an attorney, after being charged he'll go to court and he can ask for an attorney to be appointed to represent him.
I hope my response has been helpful. If you have follow-up questions or concerns on this topic, please ask. I'll get back to you as quickly as I can, although I may not be online at the moment you respond.
Otherwise, I hope you will rate my answer positively as that is the ONLY way I receive credit for my work, and doing so will NOT cost you an additional fee.
Best wishes to you, Customer
Expert:  S. Huband, Esq. replied 2 years ago.
Hello again,
I'm writing to follow up on your question. I see you recently viewed my answer, but you didn't issue a rating. If you need clarification about my answer, please ask. Otherwise, please let me know what else I can do, if anything, to earn a positive rating from you.
Thanks again for using our service! Customer