State v. A.C.

July, 2015
Charges: Felon in Possession of Firearm counts.

In this matter, a client facing a mandatory 60 months in prison relating to a handgun found in his home, while officers were executing a search warrant for narcotics and other contraband had his conviction overturned, and the matter was remanded and eventually dismissed without another hearing. Mr. Chèvre, with convictions from Texas for heroin possession, had confessed to owning the gun that was found in his bedroom, but that statement was thrown out by the Court of Appeals due to the lack of a Miranda warning—this, notwithstanding the defendant was in his own home, and typically courts would have found such a conversation to be non-custodial in nature. This served as a seminal decision on Miranda grounds, and relieved the client of a massive prison commitment.

Types of Charge(s): Felonies