Gun Charges Defense Lawyer in Nashville, TN

Kimberly S. Hodde’s defense of gun cases frequently involves Fourth Amendment issues. How the evidence of the firearm violation was gathered and whether the search and seizure of that evidence pass constitutional muster are critical questions.

To construct a strong defense in a gun possession case (either felon in possession or in connection with a drug trafficking offense), Kim Hodde and her team at MSS work through the facts of the case, analyzing the potential constitutional violations to determine if there are illegalities that will undermine the prosecution’s case. Like with drug cases, gun cases often begin with some sort of police intrusion, such as a traffic stop, search of property, or a stop and frisk of your person on the street. Also, gun cases often involve the use of confidential informants, reverse stings, buy/busts, and other police controlled or manipulated tactics. It is critically important that you be able to communicate with your lawyer and that your lawyer understands the nuances of how your arrest developed. Many times, these facts result in the suppression of evidence or form the basis for a trial defense.

Ms. Hodde has published articles for defense practitioners on federal gun prosecutions, exploring the types of potential defenses available and cautioning against some pitfalls in handling gun cases. In many cases, her investigation raises mitigating factors that may reduce a sentence or facts that could totally exonerate a client. Ms. Hodde is experienced at examining a case from every angle to uncover inconsistencies among the facts and illegalities in the search, seizure, and arrest, so they can be used to her client’s advantage. She is knowledgeable about all types of firearms and the technicalities of their operation. Furthermore, she is constantly mindful of potential sentencing enhancements, such as the Armed Career Criminal Act (ACCA), which can artificially ratchet a sentence to a minimum of 15 years with certain qualifying prior convictions. If you need representation in a federal gun case, contact Kim Hodde and MSS-Nashville.

Explosives Possession Lawyer

Kimberly S. Hodde represents clients who face serious charges involving guns and all types of weapons or explosives. By statute, explosive devices (such as Molotov Cocktails and pipe bombs – even certain high-powered fireworks) meet the definition of “firearm” and are heavily restricted and regulated. With an increased fear of government intrusion, more people have begun to create homemade weapons and explosive devices. However well-intentioned, possession of these devices is a violation of federal law and subjects the person who possesses them and/or made them to significant penalties. No matter the charge, Ms. Hodde’s approach always involves:

• In-depth examination of all the facts
• Analysis of the search and arrest
• An application of constitutional principles
• The development of a theory of defense

Difficult cases require a great deal of work. If you have a complex federal case involving the possession of explosives, Kim Hodde and MSS-Nashville can help.

The Use of Forensic Evidence in Gun Cases

In federal firearms cases, prosecutors will often rely on forensic evidence to make the government’s case look stronger than it really is. Prosecutors may rely on science-sounding terms to suggest that a gun, shell casing, or residue conclusively links a weapon— or the discharge of a person’s weapon— to a specific person. Forensic evidence is not infallible—and the way it is collected, tested, interpreted, and presented can make all the difference.

• Ballistic Fingerprinting and Toolmarks: Firearms can leave unique microscopic marks (striations) on fired bullets and impression marks on cartridge cases from the firing pin or breech face. Experts compare these markings using comparison microscopes, but those comparisons often depend on an examiner’s judgment. However, different labs, examiners, or technicians can review the same evidence and reach different conclusions, making careful independent analysis essential to defending these cases.
• Ballistic Databases: Systems such as the National Integrated Ballistic Information Network (NIBIN) can help investigators compare shell casings across cases, but a database lead is not the same as proof beyond a reasonable doubt. National Integrated Ballistic Information Network (NIBIN) digitally images shell casings to help connect a single firearm to multiple crime scenes. But this process is dependent on toolmarks.
• Gunshot Residue (GSR): When a firearm is discharged, residue particles containing lead, barium, and antimony may land on a shooter’s hands or clothing. Testing can indicate proximity when a gun fires. Specialized testing confirms recent discharge. However, GSR can be transferred from other sources and does not prove that a particular person was the shooter of a specific weapon – only that they were in proximity to a discharge of a weapon.
• DNA and Fingerprints: Touch DNA and latent fingerprints are often presented as powerful evidence that may be recovered from the surface of the firearm, magazines, or recovered cartridge cases to suggest a suspect was in direct contact with the evidence, but there are significant scientific reliability problems with both forms of scientific evidence. Touch DNA can transfer indirectly. Fingerprints can be partial or unclear, and the presence of biological material or a print does not always prove possession, ownership, or use of a firearm.
• Trajectory Reconstruction: Laser tools and impact analysis may help estimate where a bullet traveled, but those conclusions often depend on assumptions about the bullet’s angle, distance, and position, and scene conditions. A defense team must test whether those assumptions hold up relative to the target.

Kim Hodde and the MSS-Nashville team know how to challenge forensic evidence before it becomes the centerpiece of the prosecution’s case. They work with respected independent experts, review lab methods and conclusions, and look closely at whether the government’s science actually supports the charges being brought. All of these forms of scientific evidence can be challenged by a capable and experienced criminal defense attorney. At MSS-Nashville, Kim Hodde and her team regularly work with defense experts and understand the impact that science and “junk science” can have on juries. They have worked with numerous world-renowned firearms experts and laboratories to independently evaluate the evidence and determine whether the science underlying the prosecution’s theory is reliable.

Not all forensic science is as certain as prosecutors may claim. Toolmark analysis, fingerprint comparisons, gunshot residue testing, and touch DNA all involve judgment calls, limitations, and potential error. In some cases, flawed forensic conclusions have contributed to wrongful convictions. That is why it is critical to have a defense lawyer who understands both the science and the courtroom strategy needed to expose weaknesses in the government’s evidence.

Toolmark analysis depends on evidence that relies heavily on the examiner’s subjective judgment, which can vary from one examiner to another. Testifying experts sometimes overstate that something was a “match” when in fact error-rate studies do not support declaring “matches” to the exclusion of all other explanations. Another example is the use of fingerprint evidence, which presents similar concerns. Because of the human element involved in fingerprint interpretation, there are documented error rates for both false positives and false negatives. Finally, “touch DNA” is now commonly used by prosecutors seeking to link a firearm or cartridge casing to a particular individual; however, it is extremely unreliable. Of course, DNA transfers easily from one person or object to another source through secondary or tertiary transfer, meaning the person whose DNA is discovered might never have even been in the presence of the item upon which their DNA was recovered. People shed their DNA at different rates. So, someone with high shed factors may leave their DNA behind to be transferred extensively, and a low shedder may not even leave DNA on an item they handled. Moreover, DNA evidence degrades under various environmental conditions, such as high temperatures, low humidity, or UV light. Lastly, DNA can be a mixture of multiple samples, confusing both experts and juries.

At MSS-Nashville, Kim Hodde approaches forensic evidence with the skepticism, science, and preparation that serious federal and state gun cases require.

In recent years, the United States Supreme Court and many Circuit Courts have issued opinions that have opened the door to constitutional challenges in firearm cases. Kim Hodde and her team of litigators at MSS-Nashville stay on the cutting edge of constitutional law and have led the charge in litigating the various prohibitions on gun possession and use. They have exhaustively briefed new iterations of Second, Fourth, Fifth, Sixth, and Fourteenth Amendment challenges to the limitations on ownership, possession, and use of firearms. Ms. Hodde has taught firearm defense both in legal training and as an invited speaker at premier law schools.

Contact Us

Federal gun charges can carry significant consequences, making a thorough and highly informed defense essential from the outset. Kim Hodde brings extensive knowledge of federal firearm laws and constitutional protections to these cases, with a keen ability to examine the government’s evidence, investigative methods, searches, seizures and allegations of unlawful possession. Leading her team at Meister Seelig & Schuster (MSS), Kim draws upon the firm’s national resources and sophisticated criminal defense capabilities to develop carefully tailored strategies for individuals, executives, business owners and organizations facing serious federal gun charges.

If you have questions regarding federal firearms charges, contact Kim Hodde and MSS-Nashville. Kimberly S. Hodde can be available for evening and weekend appointments. Ms. Hodde is mindful that you may not have budgeted for funding your defense; so, under some circumstances, she will work with defendants and/or their families on a reasonable payment plan. The firm is conveniently located in a freestanding building on Music Row, just one mile from the federal courthouse with abundant free parking. Contact us at 615-242-4200.