A person may be found guilty of unlawfully possessing a firearm when they physically possess a gun without a permit or registration. Most commonly, unlawful gun possession charges are made during motor vehicle stops. To beat an unlawful gun possession charge, the defendant and their gun possession lawyer must know how to effectively challenge key components of the prosecutor’s case. Below, we’ve detailed four challenge strategies a gun possession lawyer may use to effectively beat an unlawful gun possession charge in court.
1) Challenge the initial stop of the vehicle: If the police illegally stopped a vehicle, any evidence obtained was done so illegally and may be suppressed from evidence in court. The police need reasonable suspicion – or facts they can articulate suggesting you have, are, or about to commit a crime. In motor vehicle stop situations the reasoning is usually a traffic violation.
2) Challenge the search of the vehicle: Before the police can search your vehicle, they need either probable cause to believe there is evidence of a crime in your car, or they need your voluntary and knowing consent to search. For instance, if the police pull you over and they smell, see, or hear something incriminating, they may lawfully search your vehicle. Additionally, everything the accused tells the police during the traffic stop can be used to help them build a case. Consequently, it’s imperative anyone who is pulled over exercises their right to remain silent.
3) Challenge the consent given to the police to search your vehicle: You should never give the police permission to search your vehicle since you are never required to do so. Unless the police have probable cause or a search warrant, they cannot otherwise search the vehicle. However, if you do consent to a search, your consent must be voluntary given. If you feel the police coerced your consent, discuss this strategy with your gun possession lawyer.
4) Challenge claims of your knowledge: The prosecutor must prove, beyond a reasonable doubt, you knew the weapon was in your possession. If they cannot prove your knowledge, you are likely to win the challenge. Knowledge may be proven by circumstantial or direct evidence. Circumstantial evidence relies on inferences connecting them to a fact. For instance, if the police see a gun in plain view, they may infer you knew it was there. Direct evidence supports the truth of an assertion directly. For instance, admitting the gun is there can directly prove your knowledge, making it all the more important to remain silent when possible.
If you have been accused of illegal possession of a firearm, the first thing you should do is seek help. Steve Gustitis is a Texas Board Certified Criminal Defense Attorney and gun possession lawyer practicing in Bryan-College Station, Texas with flexible hours to accommodate your schedule. He has more than 27 years of experience in the field of criminal law and criminal defense in Brazos County.
