The Second Amendment of the Constitution guarantees the right to bear arms, but there are several limitations on which arms you can bear and how you can bear them. If you’re caught with a firearm that you shouldn’t lawfully have, or if you’re caught possessing a lawful firearm in a way that’s not legally allowed, you could end up facing a weapons charge. You may also face a weapons charge if your weapon was used in a violent crime, like murder or armed robbery.
If you’re facing a charge like this, you may be in a position to contest the charge, potentially escaping the situation or minimizing the consequences you face. But how exactly do you go about this?
First Things First: Hire a Lawyer
If you’re facing a weapons charge, the first thing you need to do is hire a criminal defense lawyer. A criminal defense lawyer in your area should have all the knowledge and expertise necessary to help you understand the charge you face, understand the evidence against you, and ultimately devise a strategy to put you in the best possible position.
Lawyers have a legal and ethical responsibility to work in your best interest, and anything you say to them is protected by a cloak of confidentiality. Accordingly, you can trust them with everything related to your case.
More importantly, your lawyer is going to have the knowledge and tools necessary to help you combat the weapons charge against you. As long as you continue following their advice, you’ll likely end up in the best possible position. On top of that, a lawyer can stay with you during your arrest and interrogation to make sure your rights are protected, and they can even represent you in court if your case goes to trial.
Don’t Say Anything
Generally, you shouldn’t talk to police officers or investigators without the explicit direction of your attorney. If you’ve been arrested under suspicion of committing a crime related to weapons, the best course of action is to remain silent. You are under no obligation to answer any questions asked of you, aside from perhaps identifying yourself, and you should definitely invoke this right. Miranda warnings are correct in stating that anything you say can and will be used against you in a court of law; even if you’re genuinely innocent, small slip-ups in your verbiage can lead you to further legal trouble.
Accordingly, you should only talk to police if and when directed by your attorney, and you should only answer questions as directed by your attorney.
Challenging the Case Against You
As you prepare to defend yourself in this case, you may be able to challenge the prosecution’s case against you.
For example:
- Facts. You may be able to challenge key facts associated with the case, such as by presenting evidence of your own. For example, if you were accused of carrying a weapon illegally in a certain place at a certain time, you may be able to present an alibi that undermines this conclusion. You may also be able to poke holes in the sequence of events proposed by the prosecution.
- Evidence. It’s also possible to challenge the evidence presented against you. Eyewitness testimony, for example, is notoriously unreliable. Certain pieces of physical evidence may be disputed. And if any pieces of evidence were gathered unlawfully, you may be able to have them dismissed.
- Processes. You have constitutional rights, even when you’re under arrest for a crime. If there’s anything wrong with how you were processed, it may aid you in getting the charge dropped or modified. For example, if law enforcement officers unlawfully searched you, you may be able to walk away free.
Raising Defenses
There are also some affirmative defenses you may be able to raise, depending on your jurisdiction:
- Lack of intent. In some cases, you may be able to demonstrate a lack of intent. If you didn’t know you were carrying the weapon, and if you didn’t have reason to know you were carrying the weapon, you may not be able to be charged with intentionally carrying the weapon.
- Necessity. In some jurisdictions, you may also be able to demonstrate necessity. If you needed the weapon for some urgent, demonstrably important purpose, it could help you avoid this charge.
- Self-defense. It’s also possible to claim that you needed the weapon for self-defense. However, you may need to demonstrate that you had a genuine reason to believe that you were in imminent peril.
Even if you aren’t able to get the charges dropped against you, you may be able to negotiate for a plea bargain that works in your favor. As long as you hire an attorney as soon as possible, trust their advice, and don’t say anything in the meantime, you can maximize your chances of success.
