Start with the evidence, not the charge label
Firearm-possession cases can turn on who possessed or controlled the firearm, where it was found, the legality of the police search and the accuracy of the prior-record evidence. Shared vehicles, homes or other spaces can create important factual questions.
Issues to examine
- Actual versus alleged constructive possession
- Who had access to the location where the firearm was found
- Search, seizure and traffic-stop issues
- Statements attributed to the accused
- Prior-record documentation and identity
- DNA, fingerprints or other physical evidence when relevant
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 if a firearm was found in a shared vehicle or home?
Shared access can make possession and knowledge important factual issues. The analysis depends on location, control and other evidence.
Can a search issue matter?
Yes. If evidence was obtained through a stop, search or seizure, the legality and scope of police conduct may need review.
Does the firm handle federal firearm cases too?
Yes. The firm represents clients in federal firearm cases as well as Wisconsin state criminal matters.
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.