Attorney Nicholis Milardo represented a client charged with two counts of Persons Not to Possess Firearms, two counts of Carrying a Firearm Without a License, Tampering with Physical Evidence and providing False Identification to Law Enforcement. Due to the client’s past criminal record, he was facing a standard range sentence of 10-20 years of incarceration if convicted on the firearms offenses. Due to confidentiality concerns, names and case details will be omitted from the description.

The client was accused of being a back-seat passenger in a vehicle, to which two firearms were found in the vicinity of the vehicle’s driver. The client was accused of constructive possession of the firearms even though he did not drive or own the vehicle containing the weapons, and there was no DNA or fingerprint evidence to connect the weapons to the client. The defense had a strong argument to present to the jury that there was insufficient evidence to prove that the client had the power and intent to control weapons found in the vehicle.

Due to unreasonable plea offers, the firm prepared for a jury trial. During the course of his preparations, Attorney Milardo discovered statements which helped to exonerate his client. Upon bringing these statements to the attention of the prosecutor on his case, a plea offer was negotiated for the client to plead guilty to providing a False Identification to Law Enforcement, a 3rd-Degree Misdemeanor, for time served. All felony firearms charges were withdrawn.

In cases where multiple individuals are found in a vehicle containing drugs or guns, police will typically proceed to charge everyone with the crimes under a theory of joint constructive possession. With careful preparation, Attorney Milardo helped ensure that his client would not be imprisoned for decades for a crime he didn’t commit.