Case 3: Unlawful Use of Weapons Charges
In another case tried by Mr. Dodds, Mr. Dodds represented a client charged with aggravated unlawful use of a weapon, a Class 4 Felony. The indictment
alleged that the client unlawfully possessed a loaded firearm in a vehicle and also possessed it while not having a valid Firearm Owner's Identification
Card ("FOID card"). The weapon itself was found by the arresting officer in a diaper bag, which belonged to the Defendant. The bag itself was found at or
near the client's feet and she did not deny it belonging to her.
Despite the diaper bag and the weapon being found in extreme close proximity to the Defendant, the automobile in which the client was riding was also occupied
by three other adult males.
Luckily this Defendant could not be impeached by her prior convictions, because she had none. This was a tremendous advantage, as it allowed the client to more
easily tell her side of the story. However, this also meant the stakes were high because obviously, the client wanted to avoid a felony conviction on her record.
Mr. Dodds first established the location of each occupant of the vehicle through cross-examination of the police officer. He then had the officer tell the
jury about how the client was shocked that the gun was found in the automobile and that she unapproved of it being there. He also established that the client
had told him that she didn't even like guns. At this point the State rested its case, because it had no other witnesses.
After the State had rested their case, Mr. Dodds first called the Defendant. She testified as the officer had previously stated in the State's case-in-chief
and also added that she would not have allowed the gun in the vehicle had she known of its existence because of safety concerns for her son.
Once the Defendant had completed her testimony, Mr. Dodds then called one of the other occupants of the vehicle who helped solidify that the gun was not her
gun. This individual testified that he had previously never seen the Defendant with a weapon. However, he added that he had indeed in fact seen his friend
who was seated next to the Defendant in the vehicle with guns on multiple occasions.
Obviously, the jury returned the appropriate verdict. Win or lose though, Mr. Dodds believes that you have to live with the jury's verdict.
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