If you find yourself in a situation where you have been charged with a gun crime unconstitutionally, there are several things you must do immediately. The gun laws are different for each state, and if you have been charged with a gun crime, it is in your best interest to call a lawyer right away. Additionally, the harsh gun laws of your state can clash with your constitutional rights, too, which you might not know about.
Here is what to do:
Contact A Good Lawyer
First things first: You must get in touch with a good lawyer who deals with gun charges in your state. For instance, you might want to get in touch with the Las Vegas gun charge defense attorney if you live in Las Vegas, as they will have much experience in constitutional rights and gun laws. The lawyer, while understanding the complexities of gun laws and the ins and outs of court proceedings, will do their best to protect your rights and get the gun charges dropped off as soon as possible.
Opt for Consultation
Understandably, at the time of hiring an attorney, you will be opting for an initial consultation where you will tell the lawyer about the gun crime charges. During the initial consultation, you must provide your attorney with all details related to the case, including nitty-gritty details, information, and documents. By cooperating with your lawyer, you will help your lawyer help you. During your initial legal consultation, the lawyer will also gauge your case and decide whether or not to take it.
The lawyer will assess the validity of your gun charges and come up with the right defense strategy for you.
Understand Your Basic Rights
You must understand your basic rights as it will protect you from further worsening your case. Similarly, you must understand how to exercise your right to remain silent. If you are charged with a gun crime and you are getting arrested by the police, make sure to cooperate with the police instead of resisting the arrest. Also, when it comes to your basic rights, curb the desire to explain yourself or to argue with the police. The only thing you need to focus on is to ask for a lawyer.
Here are some other rights that you must know about:
Your Second Amendment Rights
When it comes to understanding your rights surrounding guns and firearms, you have the right to keep and bear firearms. It is important to understand your rights first and then protect your right to keep and bear firearms. While you are at it, make sure that your “right to due process” doesn’t get violated. According to this right, you cannot be deprived of property, life, and liberty. This right also includes the right to fair treatment through the normal judicial system.
Understand the Importance of Documentation
If you are charged with a gun crime, you will have an interaction with law enforcement. On that note, you must understand the importance of maintaining evidence and documenting everything for records and evidence that you can also share with your attorney and use in court. Since you can only remember as much, you will want to create a timeline and write down the details of the interaction with the police as you remember them.
Also, double-check that you have all important documents linked to the firearm itself, such as receipts, registration, and permits.
Make A List of Witnesses
Apart from recording evidence and documents, you must also make a list of weaknesses. Make a list of all potential witnesses who might have seen your arrest and any other related incident. When it comes to making a list of witnesses, write down their names, phone numbers, addresses, email addresses, and a few lines regarding the statements of the witnesses.
This way, your lawyer will have something to refer to and something to work on. The lawyer will also know what to expect from the witnesses and how to leverage their testimony in the court for your defense.
Prepare to Challenge the Charges
Once you have the records, documents, and list of witnesses, you must prepare to challenge the gun charges constitutionally – with the help of your lawyer, of course. Now, based on constitutional grounds, you can dismiss the charges through the act of “file motions.”
For instance, your lawyer might argue that the respective gun laws in the state are overly stringent to the point of violating the Second Amendment rights of their client, who will be you. Your lawyer might have done a deep dive into the matter and referred to past cases or case rulings where similar charges were dropped due to the fact of being unconstitutional.
Collect Supporting Evidence
No matter how minor or grand a charge is, gathering supporting evidence is absolutely crucial. So, make sure you have all permits and licenses related to your firearm. If you are in a situation where your gun permit was denied unfairly, this can prove fruitful and work for strengthening your case. Also, as mentioned before, you need a list of character witnesses, too. On that note, make sure to collect statements from individuals who can vouch for your responsible character and responsible conduct regarding gun ownership.
Explore All Potential Options
Now, the next step is to prepare for court. Make sure to attend all court hearings and court meetings with your defense attorney. Also, make sure to follow the legal advice that your lawyer offers you so that you know what to say and not say in court.
Now, when it comes to exploring all of your legal options, with the help of your lawyer, you might want to prepare yourself for how to challenge the constitutionality of your gun charges. This aspect might involve arguing in court that the gun laws in your respective state impose unreasonable restrictions and are not aligned with your Second Amendment rights.
Nonetheless, your gun rights attorney will explore other options too that they can use for your defense in court, including unlawful traffic stop, unlawful search, lack of probable cause, etc.
