In this day and age, firearm possession is a hot topic. In this case, we had a client who had a prior felony conviction, which prohibited him from possessing a gun. The police responded to his residence and located a firearm under his bed.
It would seem like a pretty open and shut case right? Wrong. The government has to prove not only that the client was aware the firearm was present, they also have to prove that he had an intent to exercise control over the gun. That was the problem, there was no way that could be established. The client lived at the residence with his girlfriend (who was the person who called the police). They could not prove the gun was registered to him or that he had ever touched it.
This case was dismissed at the second court appearance.