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 All felony firearms charges were withdrawn.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.

In May of 2017, a ZLF client found himself charged with Carrying a Firearm Without a License when a firearm was located under the front passenger seat of his vehicle. Our client was giving a ride to a neighbor's friend when he failed to use a turn signal. A traffic stop was conducted, and without any prior knowledge that the passenger was armed, the passenger stuffed a gun under the front passenger seat of the vehicle. Both men blamed one another for the gun, and as a result, the police charged them both with Carrying a Firearm Without a License based upon a theory of joint constructive possession. To make matters worse, the client was held in jail on a probation detainer for a non-violent offense pending the resolution of the case.

Attorney Zuckerman conducted research on the passenger's background, discovering that he had prior firearms and violent crimes violations. Thereafter, he took this information to the District Attorney's Office, and after a fair review of the case file, the DA's office agreed to dismiss all gun possession charges at the preliminary hearing. On the other hand, the front seat passenger is properly facing trial for the firearms offenses.

The client's case resolved with a guilty plea to a Driving on a Suspended License violation for 60-days of house arrest. One week after the gun charges were dropped, the detainer was lifted and the client returned to work to support his girlfriend and her children.

This client was 100% innocent, and is grateful to the DA's office for their diligence in comprehensively reviewing the facts before making the right decision to only prosecute the responsible party.

Person Not to Possess Charges Dismissed for Man Facing 10-20 years in Prison

Felony Gun Charges Dismissed and Probation Detainer Lifted for Working Man