Challenging Philadelphia Gun Crime Allegations with Legal Representation

Challenging Philadelphia Gun Crime Allegations with Legal Representation

Getting arrested for a gun crime in Philadelphia can be really scary. Even if you’re innocent, the cops and lawyers make it seem like you don’t stand a chance. But having a good lawyer on your side can make all the difference. This article will walk you through how an experienced criminal defense attorney can help you fight the charges and get a fair outcome.

Understanding the Charges

There are lots of different gun-related crimes you could be charged with in Philly. Some of the most common are:

• Carrying a firearm without a license – It’s illegal to carry a gun in public in Philadelphia without a valid license to carry firearms (LTCF). Penalties depend on whether the gun was loaded.
• Possession of a firearm by a prohibited person – If you have certain misdemeanor or felony convictions, you could be banned from owning a gun.
• Transferring/selling stolen firearms – You can be charged even if you didn’t know the gun was stolen.
• Discharging a firearm within city limits – It’s generally illegal to fire a gun in Philadelphia unless it’s self-defense.

The charges and penalties vary alot based on the specifics of the incident. A lawyer will look at the details to figure out the best defense strategy.

Police Investigation and Arrest

Most Philly gun cases start with an investigstion by the cops. They may have stopped and searched you, seen you with a gun, or found one in your home/car after getting a warrant. If they think they have enough evidence, they’ll arrest you and take you to the police station for booking.

This is when you should ask for a lawyer! Don’t say anything to the police without your attorney present. The cops might try to get you to confess or give up info, but you have the right to remain silent. Let your lawyer handle the questioning.

Getting Out on Bail

After booking, you’ll go before a bail commissioner who decides whether to release you on bail. The amount is based on factors like:

• Severity of charges
• Criminal history
• Ties to the community

For gun crimes, bail often starts around $25,000 and goes up from there. If you can’t afford to pay the full amount, a lawyer can help you get released on the lowest bail possible. They may be able to get you into a diversion program or on house arrest too.

Fighting the Charges in Court

Once released, the real legal fight begins. An experienced criminal defense lawyer will carefully examine the evidence and figure out the best defense strategy. Here are some of the main ways they could get the charges reduced or dismissed:

Challenging the Search

If the police didn’t have probable cause for the search that found your gun, the evidence could get thrown out. This makes the whole case fall apart.

Questioning the Witnesses

Eyewitness testimony is notoriously unreliable. Your lawyer can question witnesses to poke holes in their stories.

Self-Defense Argument

If you only used the gun to protect yourself from harm, you may be able to claim self-defense and beat the charges.

Mental Health Defenses

In some cases, mental illness may have contributed to unlawful gun possession. This could lead to treatment rather than jail time.

Negotiating a Plea Bargain

Rather than risk trial, your attorney may be able to negotiate a plea deal for lesser charges like reckless endangerment.

Avoiding Harsh Sentences

If convicted, a good lawyer’s advocacy at sentencing can make a huge impact. They’ll present mitigating factors about your background and the circumstances of the offense. The goal is to avoid mandatory minimums and get the lightest sentence possible.

Diversion programs are one option. These allow you to avoid jail time if you complete probation, counseling, job training or other requirements. Your lawyer can argue for one of these programs as an alternative to incarceration.

Restoring Your Gun Rights

Losing your Second Amendment right to bear arms is devastating for many people charged with gun crimes. In some cases, your lawyer may be able to get this right restored after a period of time, depending on the offense and jurisdiction. They can also advise you on how to increase the chances of getting your gun rights back.

Takeaways

The bottom line is – don’t panic if you’re accused of a gun crime in Philadelphia. While the charges are serious, an experienced criminal defense attorney can thoroughly analyze the case and build an aggressive defense on your behalf. In many instances, they can get charges reduced or dismissed pre-trial.

And even if the case does go to trial, skilled legal advocacy can win an acquittal or avoid harsh penalties like mandatory minimums. So get a lawyer on your side immediately and let them handle the fight to protect your freedom.