A person may have been convicted of a felony many years before and have forgotten about any restrictions on firearms because the person has rehabilitated his or her life. Sometimes people face this charge merely because they reside in a house where a gun is present without realizing that the gun is even being stored in the dwelling.
Because of the harsh consequences of a Chicago unlawful use of a weapon charge, you should consider retaining one of our experienced Chicago gun crime attorneys who may employ a range of defenses that include but are not restricted to the following:. This is a sampling of the defense strategies that may be used by a Chicago unlawful use of a weapon lawyer at our law firm to protect those with criminal records from conviction of serious gun charges. Our Illinois felon in possession attorneys work diligently to investigate factual deficiencies and expose misconduct or improper procedures by law enforcement so that we can obtain the best possible outcome for our clients facing weapons charges in Chicago.
We offer an absolutely confidential consultation so that we can explain your rights and discuss your options. We invite you to contact us at or email us to learn how we can help. Please do not include any confidential or sensitive information in a contact form, text message, or voicemail. The contact form sends information by non-encrypted email, which is not secure. Submitting a contact form, sending a text message, making a phone call, or leaving a voicemail does not create an attorney-client relationship.
Law Offices of David L. However, while many convicted felons in Florida have had the majority of their Civil Rights restored, including the right to carry a weapon, very few have had their right to possess a firearm restored under Florida law.
Often, law enforcement exceed the scope of their authority and require people to submit to a vehicle, home, or body search when they otherwise would not be required to; coerce people into agreeing to a search; arrest people without probable cause; or obtain search warrants in bad faith. If any of these can be proven through the filing of a Motion to Suppress , the courts will suppress the resulting evidence as having been illegally obtained in violation of the Fourth Amendment of the United States; which can lead to an outright dismissal of the case.
While not technically a defense, Substantial Assistance is the most commonly utilized method to avoid the severe penalties the crime of Felon in Possession of a Firearm carries. The prosecutor is authorized by statute to ask the court to reduce or suspend a sentence of any person who is convicted of drug trafficking when the person provides substantial assistance in the identification, arrest, or conviction of any other person engaged in trafficking in controlled substances.
The initial consultation is free and I am always available to advise you on the proper course of action that can be taken. The list of prohibited people as defined by 18 U. Perhaps, your friend or partner failed to tell you there was a registered gun in his or her glove compartment when you were left alone in a car. Unfortunately, innocent-seeming circumstances involving weapons can lead to serious weapons charges that can have life-altering consequences.
Without intervening action, such as a legal expungement or pardon, you will remain a prohibited person for your entire life. Possession: Actual versus Constructive An important issue in determining the ultimate sentence for the crime of Possession of a Firearm by a Convicted Felon is whether the person actually possessed the firearm or constructively possessed the firearm; as Actual Possession of a Firearm by a Convicted Felon carries a three-year minimum-mandatory prison sentence.
Actual Possession Actual possession occurs if the firearm is: In the hand of or on the person; or In a container in the hand of or on the person; or So close as to be within ready reach and is under the control of the person. Constructive Possession Constructive possession occurs if the firearm is in a place over which the accused person has control, or in which the accused person has concealed it.
If convicted of Actual Possession of a Firearm by a Convicted Felon, a judge is required to impose a minimum-mandatory sentence of three-years in prison and can also impose any combination of the following penalties: Up to fifteen 15 years in prison.
0コメント