Firearms

The first consideration when evaluating a firearms case is whether the accused has a prior record as it will impact the trajectory of the case. For example, a felon in possession of a firearm could be charged § 6105 of the statute—a more serious crime with higher sentencing guidelines. A prior record will also change a prosecutor's offer and the judge's sentence. Finally, federal law enforcement may also consider adopting a strong gun case if the offender has a prior felony since the sentences are higher in federal court.

The next question is how police obtained the gun. Questions of law regarding the stop and search can prove decisive in beating the case. If the police did not have reasonable suspicion or probable cause to search the accused, then the gun will be suppressed and the case could be over. 

If a motion to suppress is unsuccessful, it may be possible to fight the government’s case on the question of ‘possession.’ For example, if the gun was in the trunk of the car, or in a bedroom, it may be possible to challenge the case by arguing that the accused did not actually possess the gun. 

Given the legal and factual issues involved in gun cases, it is important to have an experienced attorney review the case to present you with options.