Being charged with a weapons offense can be scary and overwhelming. Whether you’re being charged with unlawful possession, carrying a concealed weapon, or any other firearms-related crime, you might believe your options are limited.
However, before you plead guilty, you need to know that not exploring your options can be a costly mistake. Weapons charges involve complex laws and evidentiary requirements that can support a strong defense.
Before making any decisions, it’s important to understand why fighting your charges is the best move.
A conviction can have long-term consequences
If you think you’re better off doing your time, paying your fines, and getting out, think again. The long-term consequences of a conviction can follow you for life. It can impact your housing and employment opportunities, ability to hold a professional license, right to own a firearm, and create more serious consequences for future criminal cases.
The evidence might not be as strong as it looks
Being arrested doesn’t mean the prosecutor can prove their case beyond a reasonable doubt. The problem is that you can’t discern the strength of their evidence on your own. You need an experienced lawyer to find weaknesses in the prosecution’s case. Your attorney will ask questions like:
- Was the weapon legally discovered?
- Did law enforcement follow proper procedure?
- Can the prosecution prove ownership or possession?
- Was the weapon accessible to multiple individuals?
- Were constitutional rights violated during the investigation?
In some cases, evidence that looks damaging can be challenged and thrown out. Only an experienced attorney can examine the details surrounding how the evidence was collected and if it can legally be used against you.
Illegal searches can get evidence dismissed
Although there are some exceptions, if law enforcement officers obtained evidence against you through an unlawful search, that evidence could be suppressed. For example, evidence might be thrown out if your vehicle was searched without legal justification, officers exceeded the scope of a search, or they didn’t get your consent (and didn’t have a warrant).
When critical evidence gets tossed out, prosecutors sometimes have a hard time moving forward. This is exactly why you need to fight your charges with the help of an attorney.
There could be defenses you don’t know about
There are a variety of defenses you could employ, but you won’t know what they are if you don’t get a lawyer and fight. For example, self-defense, mistaken identity, and lack of possession might be applicable to your situation. If you don’t fight, you’ll never know. Fighting your charges is the only way to know if the circumstances of your case can produce a better outcome.
You might be offered a plea deal
If you plead guilty without a fight, you lose access to the potential for a plea deal. Often, prosecutors will offer a plea agreement that requires pleading guilty to a lesser offense in exchange for a lighter sentence and a lower fine. Plea deals are offered when the prosecution wants to avoid a trial. In some cases, a plea deal makes the most sense. You’ll still end up with a conviction on your record but a lesser charge means it won’t impact your future as harshly. However, once you plead guilty, there’s no reason for the prosecution to offer you a deal.
There’s a high burden of proof
The prosecutor involved in your case must meet a high burden of proof to obtain a conviction. Every element of the alleged weapons offense must be proven beyond a reasonable doubt. That’s not always easy. A skilled lawyer will be able to identify weaknesses in the prosecution’s case, and that could result in reduced charges or alternative resolutions like diversion or probation.
A lawyer can make a big difference
When you plead guilty without a fight, you’re basically handing the prosecution their case and they don’t need to prove anything. If that’s the move you make, you’re more likely to receive more jail time and higher fines, depending on how the judge wants to sentence you.
Pleading guilty to a weapons charge isn’t the easiest path forward. When you plead guilty, you’re putting your freedom and future opportunities on the line. Fighting your charges makes more sense. When you fight, you at least have a chance of getting reduced charges, a smaller fine, and spending less time in jail.
It’s critical to understand all of your options before making any decisions. Take the time to consult with an attorney to look at all possible angles for your defense. Getting qualified legal guidance from the start can protect your rights and it’s the only chance you have of getting a more favorable outcome.