Start with the evidence, not the charge label
Federal firearm cases can involve disputed possession, prior-record questions, search-and-seizure issues, statements and questions about who actually controlled a firearm. The defense should test each part of the government’s proof rather than treating the charge label as established fact.
Issues to examine
- Actual or constructive possession
- Search warrants, traffic stops and seizures
- Statements and admissions attributed to the accused
- Prior convictions and record-related issues
- DNA, fingerprints and other forensic evidence when relevant
- Federal sentencing exposure under current statutes and guidelines
Defense strategy depends on the record
A useful defense review compares the complaint or investigative theory with the actual evidence. That can include police reports, recordings, digital information, witness accounts, physical evidence, prior records and the legal basis for police action. The strategy may involve investigation, motions, negotiation, trial preparation, sentencing advocacy or preserving issues for appeal.
Madison-based criminal defense since 1993
Robert T. Ruth represents clients from a downtown Madison office in Wisconsin state and federal criminal matters. The first consultation is an opportunity to identify the stage of the case, immediate deadlines and the evidence that should be reviewed or preserved.
Common questions
What does constructive possession mean?
Federal cases may rely on evidence that a person had the power and intent to control an item even if it was not physically on them. The surrounding facts matter.
Can a search issue affect a firearm case?
If a firearm was discovered through police activity, the legality and scope of the stop, search or seizure may be important.
Has Robert Ruth tried federal firearm cases?
The firm’s selected results include a not-guilty verdict in a federal felon-in-possession jury trial in the Western District of Wisconsin.
Related information
This page provides general information and is not legal advice. The law, defenses and possible consequences depend on the facts and current law.