This is the next post in my series on how criminal charges impact the gun rights of a Phoenix area defendant. My last post discussed the possibility of maintaining your firearm rights through the plea bargaining process. It is important to understand that it is the conviction one receives, and not the original charge, which determines whether the defendant’s gun rights are impacted. In this post I will discuss another possibility for those wishing to maintain their firearm rights – defending the case at trial. I cannot stress enough that, if you wish to defend charges at trial, you need to retain the services of a criminal defense attorney.
There are two ways in which most Phoenix area criminal cases are defended. The first is through Motion practice and the second is at a trial. I will discuss each of these in turn.
Many criminal cases are defended through Motion practice. In drug cases, for example, narcotics are often found as a result of illegal search and seizure by police. If such is the case then your lawyer can file a “Motion to Suppress” with the Court. If the Court rules that the drugs are illegally seized then they would not be admissible. Given that the prosecution cannot prove a drug case without drugs this would effectively end the case. A defendant, in this scenario, would be exonerated, would not receive a conviction, and would maintain their firearm rights.
A second way to defend a charge is by taking the case to trial. If one is charged with a felony, or domestic violence, and they defeat the charges at trial then their firearm rights would not be impacted. I cannot stress enough that taking a case to trial is always a risky proposition and concern about one’s gun rights, in and of itself, should not be the deciding factor when determining how far to take your case. If you feel your case should be taken to trial then you should retain an experienced lawyer who will fully investigate your case and explore all possible options.
I regularly assist Phoenix residents charged with both misdemeanors and felonies. If you find yourself in such a situation then contact my office today to discuss your options as well as how the case can impact your ability to own a gun. In addition to Phoenix we represent defendants in other Maricopa County cities such as Mesa, Glendale, Scottsdale, Chandler, and Gilbert. We also assist Pima County residents in Tucson.