Last month, Silverman Thompson criminal defense attorney Kurt Nachtman had a significant “Not Guilty” verdict for a client facing serious charges involving the possession of a firearm with a missing serial number. This victory serves as a vital reminder of the importance of your defense attorney’s ability to scrutinize the underlying law and associated case law in which you’ve been charged. 

The Background — Firearm Possession in Maryland

In Maryland, the statutes governing firearm possession are dense and highly technical. Our client was facing a period of incarceration based on a specific provision regarding the identification marks on a handgun — or lack thereof.  

This case wasn’t just about whether there was an obliterated or missing serial number; it was about the principle of legality and verbiage of laws.  

Attorney Kurt Nachtman broke the statute down into its component parts and examined precisely what the State was required to prove.  Many lawyers fail to take this simple step in pretrial preparation. 

During the pre-trial investigation and subsequent litigation, Mr. Nachtman identified a significant disconnect between the evidence presented and the specific requirements of the Maryland statute. 

To the prosecution, the case seemed simple. To a trained defense eye, however, the State’s case rested on a foundation that didn’t hold up under strict legal scrutiny. 

Rather than focusing solely on the facts of the encounter, our team launched a statutory challenge. We argued that the State’s application of the law in this instance failed to meet the rigorous standards required for a criminal conviction. 

The elements (or parts) of what the State needs to prove should be clearly and easily spelled out in any statute that they are alleged to have violated.  The State then needs to ensure that the charges align with that statute and prove every element beyond a reasonable doubt.   

This statute, which involved a new Maryland law, was not only confusing and poorly written; it was impossible to determine what elements the State was required to prove beyond a reasonable doubt. 

The judge agreed and dismissed the case after the State rested. 

Contact Kurt E. Nactman

“Best lawyer I’ve ever had. Gave me the confidence to ask for a jury trial and plead not guilty and was found not guilty,” wrote our client in a recent review. 

This “Not Guilty” verdict is just another example of the importance of hiring a defense attorney who does more than just “go through the motions.” It requires an attorney who will sit down with the Maryland Code, analyze every comma and clause, and find the cracks in the prosecution’s armor. 

If you or a loved one is facing firearm-related charges, do not assume the outcome is predetermined. There are often legal defenses hidden within the complexity of the law itself. 

If you have questions or need representation for firearm-related charges, contact Kurt E. Nachtman at kurt@silvermanthompson.com or 800-385-2243.