Constitutional Issues in Hampton Roads Gun Defenses

In gun cases, attorneys develop defense strategies appropriate for the specific charges. Depending on the case, a skilled firearm attorney could help you address any constitutional issues your case may contain.

In cases of reckless handling or brandishing charges, an attorney may present evidence that shows the client was not handling the firearm in that manner. For example, an attorney may present evidence that shows the defendant is an experienced firearm user who was using the firearm correctly, so their firearm use would not meet the definitions of reckless handling or brandishing.

In cases in which there are questions about whether or not the accused had a firearm, the attorney may identify witnesses that can testify as to whether the client had a gun. The attorney may determine if there is evidence that shows constitutional issues in Hampton roadsĀ gun defenses.

Common Constitutional Issues in Gun Criminal Cases

Constitutional issues in Hampton Roads gun defenses may relate to the Fourth and Fifth Amendments. Although the Fifth Amendment prevents government officials from questioning a defendant without an attorney, police officers may not give the defendant the opportunity to refuse questioning while in custody and the defendant may not understand that they do not have to make a statement.

Another issue that may arise is related to Fourth Amendment search and seizure rights. In cases in which police officers conduct searches unrelated to firearms in which they find firearms, attorneys work to determine if the police officers had probable cause to conduct the searches during which they incidentally found the firearm.

Impact of Constitutional Issues in Hampton Roads Gun Defenses

Constitutional issues may impact a gun charge case if the government is found to have violated the accused’s constitutional rights. Violations of the individual’s constitutional rights do not result in the dismissal of the case, but any evidence gathered from that violation can be suppressed, excluded, or considered inadmissible at trial, which can make it more difficult for the government to gain a conviction.

Firearm Defense Considerations

The Second Amendment is not a sufficient defense when gun charges are involved because the Second Amendment states only that an individual has the right to possess a firearm; it does not provide unrestricted rights or a bar to regulations related to possession or usage of a firearm. The state and the government have the right to restrict how individuals obtain and purchase firearms, and how and where individuals can use firearms.

Important things to look for in a criminal defense attorney or a law firm when facing gun charges are experience in criminal matters, and some understanding of firearms. In gun charge cases, there may be technical details and an attorney who has some knowledge of firearms may be more effective than an attorney who is not. As in all cases, a person should look for an attorney they trust and feel comfortable with, who they believe is going to work to get them the best possible outcome.