What to Expect in a Weapons Possession Case

Many people believe an illegal possession case is a quick, open-and-shut matter. I had an illegal gun, the cop caught me, I see the judge, he puts me on probation, and that’s that. This belief is not entirely misplaced, because that’s the outline of the criminal law system in Virginia. But, it’s only the outline.

From start to finish, a criminal case in Northern Virginia often takes about a year to resolve. Additionally, a weapons possession case, or any other criminal case, is hardly ever open-and-shut, even if the defendant is “guilty” from a moral perspective. There’s a big difference between moral guilt and legal guilt, which the state must prove beyond any reasonable doubt.

Since the burden of proof is so high in criminal cases, if a Leesburg criminal defense lawyer erodes the state’s evidence, even marginally, a successful resolution is just around the corner. However, only an experienced advocate identifies and fully develops all possible procedural, substantive, and/or affirmative defenses. Inexperienced lawyers, though well-meaning, simply don’t have the tools to successfully resolve cases.

Arrest and Pretrial Matters

Procedural defenses go back to the moment flashing squad car lights appear in the defendant’s rearview mirror. Officers must have reasonable suspicion to detain suspects and probable cause to arrest them. A lack of either could mean the charges, even if they’re otherwise valid, won’t hold up in court.

Most local law enforcement agencies have mandatory arrest policies. So, if a defendant has an illegal item, that defendant goes to jail. So, don’t argue with police officers at the scene. Contentious police stops often end very badly for everyone.

Typically, a Leesburg criminal defense lawyer obtains a bail bond to get a defendant out of jail. Other options are available as well in most cases.

Once the defendant is out of jail, a lawyer has time to investigate the facts and research the law. Once this strong foundation is in place, the case is ready to proceed to the next level.

What the State Must Prove

As mentioned, the state must prove every element of every criminal offense beyond any reasonable doubt. In a weapons possession case, the state must prove:

• Close Proximity: This element is often straightforward in many cases, assuming the police stop was legal, as discussed above.
• Actual Knowledge: This point often comes up if police officers find a weapon in a locked glovebox. Unless the defendant put the gun in that place, the defendant most likely didn’t know it was there.
• Exclusive Possession: This element is similar to the previous one. Basically, the defendant, and no one else, must be able to hold and use the gun.

If the evidence is weak on any element, and it usually is, a Leesburg criminal defense lawyer typically negotiates with prosecutors for a plea bargain. This agreement usually involves reduced charges and/or a lighter sentence.

Post-Trial Matters

A few final words about early discharge from probation, record expungement, and other post-trial relief available in Virginia.

Early discharge, which eliminates the risk of probation revocation, is usually available once the defendant pays all fines and serves about half the time. Record expungement is usually available if the defendant was a first-time offender. Expungement basically covers the criminal conviction so most people, such as employers and landlords, cannot view it.

Count on a Dedicated Loudoun County Lawyer

Many criminal charges don’t hold up in court. For a confidential consultation with an experienced criminal defense attorney in Leesburg, contact Simms Showers, LLP, Attorneys at Law. We routinely handle matters throughout Northern Virginia and Maryland.

This memorandum is provided for general information purposes only and is not a substitute for legal advice particular to your situation. No recipients of this memo should act or refrain from acting solely on the basis of this memorandum without seeking professional legal counsel. Simms Showers LLP expressly disclaims all liability relating to actions taken or not taken based solely on the content of this memorandum.