Plead Guilty and take deal which comes with One Strike??

Question

My bro is in custody and the deal they are offering him is to plead guilty and he will get 3 years plus One Strike for vandalism and supposedly seen carrying a gun. The Cops say they saw him toss it. My brother has ask if they can get fingerprints of the weapon but they refuse to do so. They say they have good evidence against him. His Public Defender goes along with that and just wants him to take the deal. He recently admitted thats all they told him. I know he's innocent. He wants them to show proof he held the gun but they refuse to do so. His trial is beginning soon. What do you think???

Answer 1

They absolutely positively cant get him for carrying a gun, unless-it was concealed and he didn't have a permit, or it was illegal to own weapons where he lives(Unconstatutional). vandalism they must have proof in pictures, video, ect. And they have to have evidence he held the gun as well. I advise him not to take the deal, as the jury will find a lack of evidence.

Answer 2

I would review all the discovery before anything. ALL the discovery. Its probably all circumstantial evidence.