What to Expect in a Virginia Weapons Case

Eventually, most defendants in illegal possession, discharge, and other weapons cases can expect an out-of-court settlement. Voluntary guilty or no contest pleas resolve about 95 percent of all state criminal matters.

Most pleas are built on the aphorism that a bird in the hand is worth two in the bush. A favorable plea bargain (reduced sentence, reduced charges, etc.) is better than the possibility of a more favorable outcome at trial (case dismissal, not guilty verdict, etc.).

Furthermore, and perhaps more importantly, a plea usually gives a defendant, and a Leesburg criminal defense lawyer, almost complete control over the outcome.

Jail Release

The resolution process begins with immediate jail release. Immediate jail release gives a Leesburg criminal defense lawyer the opportunity to fully review the evidence and legal principles in a case (more on that below). When defendants are behind bars, they usually take the state’s first plea offer, no matter how unreasonable it is.

A full range of jail release options are usually available in illegal possession cases, especially if the defendant has a clean criminal record. OR (Own Recognizance) release is probably the best option.

OR rules vary slightly in different jurisdictions. Generally, however, if the defendant agrees to appear at trial and abide by a few other conditions, the sheriff releases the defendant.

Limited jail release options, such as a bail bond, are usually available in illegal discharge cases. A bail bond is basically an insurance policy. If the defendant pays about a 10 percent premium, the bail bond company (which functions as the insurance company) arranges for the defendant’s pretrial release. Once again, various conditions usually apply.

If no good option is immediately available, perhaps because the defendant was charged with multiple offenses, a Leesburg criminal defense lawyer usually advocates for the defendant at a pretrial bail reduction hearing.

Evaluating the Evidence

Most illegal weapons cases are possession cases. A criminal possession case in Virginia has three basic elements:

• Close Proximity: The officer must be close enough to the contraband, which in this case is a gun, to seize it. This closeness requires a search warrant or a search warrant exception, such as consent or an item in plain view.
• Exclusive Control: This element focuses on the defendant. The defendant must have exclusive control over the contraband, which usually means the gun was in the defendant’s hand or within the defendant’s immediate presence, such as under the seat.
• Actual Knowledge: This element is often difficult to prove in vehicle possession cases. If an officer finds an illegal gun in a car, the officer usually arrests everyone in the vehicle. But possession charges may not hold up in court if, for example, the defendant didn’t know that a handgun was in the glove compartment.

On a related note, Virginia’s gun possession law includes several prohibited places, such as schools, hospitals, government buildings, and some kinds of commercial establishments. If prosecutors prove all three elements of possession, the defendant could be guilty even if s/he had a valid permit.

Usually, in a felony illegal discharge case, in addition to possession, the state must prove, beyond a reasonable doubt, that “willfully discharges or causes to be discharged any firearm in any street in a city or town, or in any place of public business or place of public gathering, and such conduct results in bodily injury to another person.”

Misdemeanor illegal discharge omits the bodily injury element.

Resolving the Case

During plea bargain negotiations, the state usually makes the first offer. A Leesburg criminal defense lawyer must communicate all offers to the defendant and give a thumbs up or thumbs down recommendation. Most pleas are agreed after a little back and forth.

Other plea resolutions, which once again vary in different jurisdictions, include open pleas and slow pleas. An open plea means the defendant almost literally throws himself/herself on the mercy of the court. The judge accepts the plea and determines punishment. A slow plea combines a plea and a trial. The defendant pleads guilty and a jury determines punishment.

Connect With a Tough-Minded Loudoun County Lawyer

There’s a big difference between an arrest and a conviction in criminal law. For a confidential consultation with an experienced criminal defense attorney in Leesburg, contact Simms Showers, LLP, Attorneys at Law. Virtual, home, and jail visits are available.

Source:

themarshallproject.org/2020/11/04/the-truth-about-trials