Defending Prince George’s County Gun Charges

A gun is defined as an object that is capable of expelling a projectile with an explosive reaction. That can be called into question during a gun charge investigation or a trial if the object did not have those characteristics. If the barrel is filled with concrete, has no firing mechanism, or is otherwise incapable of expelling a projectile with an explosive reaction, it is not a gun under Maryland’s definition.

Often, gun charges require that the gun be test-fired after the police seize it. If the test-fire meets the elements of the definition of a gun, they may prosecute the charge. Also, if someone has been shot, the circumstances suggest the person had what the law defines as a gun. Charges for gun offenses can be quite severe, which is why it is important to work with a dedicated gun lawyer. A skilled attorney with experience defending Prince George’s County gun charges could work towards a positive outcome for you.

Prosecution of Gun Offenses

For a person to be convicted of a gun charge, the state has the burden of proving every element of an alleged offense beyond a reasonable doubt. The elements the prosecution must prove depend on the nature of the charge. Every charge has its own elements.

A criminal lawyer has an obligation to object to any evidence or testimony that is not considered admissible, and if the state cannot follow the protocol or give the evidence it needs to, the matter is not presented to a jury and not considered by a judge. Without it, at least some of the charges may go away. An attorney with experience defending Prince George’s County gun charges could guide an individual through the case process.

Common Defense Strategies

There are a lot of common defense strategies used when defending Prince George’s County gun charges , and the strategy that an attorney may use depends on the nature of the charge. A very common strategy is to challenge charges that go beyond just possession, perhaps trying to tie it in with illegal activity such as drug trafficking, or merely knowingly having a gun in a vehicle. For the vehicle case, a person could argue that the vehicle was not theirs, that they borrowed it and did not know a gun was in it.

Preparing for a Gun Trial

There are numerous ways a could prepare the defendant for a gun-related criminal trial. They include preparing to challenge all the charges, the defendant to testify, and witnesses and evidence; making sure to fight any evidence the state wishes to admit and making sure to prepare for cross-examining the state’s witnesses and preparing to object to the evidence as inappropriate. Having said that, preparing for trial does not always mean going to trial. Sometimes, the preparation is done, but the attorney and the prosecution may negotiate an agreement that keeps the case from going to trial.

Constitutional Issues in Gun Cases

Various constitutional issues may come up in a gun charge case that can have an impact on it. One is illegal search or seizure by the police, and that could be used to suppress the evidence. It also could be used if the police searched a vehicle without probable cause or a warrant.

If someone was in custody and made a statement to the police that was damaging to the case, they may not have been read their Miranda rights, and that would lead to that evidence being suppressed. Each would involve a violation of the Constitution. Another would be illegal detention if police detained a person until a police dog could be brought to sniff for drugs that the police suspect may be in the trunk of a stopped vehicle.

Qualities in a Prince George’s County Firearm Lawyer

An important thing to look for in a criminal defense attorney or law firm when facing gun charges is a specialist who deals exclusively with those charges and has experience in dealing with them. That is especially important with gun charges because there are various types of charges that can be made that may carry several sanctions or penalties that could be life-changing.

A person should hire an attorney to help them prepare a defense against a gun charge because PG County takes guns extremely seriously. It is so serious about what it sees as a huge problem that a person can be incarcerated even for a low-level misdemeanor gun charge. People die every day from gun violence, so those cases are prosecuted, they are regulated, and they are held to a higher standard than usual. Because of the lethality, charges involving guns will be prosecuted, and that is why it is so important to make sure one has an attorney to guide them through the process. An adept lawyer with experience defending Prince George’s County gun charges could devote the time and resources necessary to achieve a positive outcome for an individual.