In Virginia, most gun cases are prosecuted at the state level, which means they are usually in state in court. Because most gun cases are felonies, they start in general district court and often head up to circuit court for trial. A Fairfax County gun prosecution is serious, especially if someone is charged with a felony. Someone could potentially face spending years in prison and so it is not something to be taken lightly and it is definitely not something that someone should fight themselves. Contact an accomplished gun attorney to see how they can challenge the case on your behalf.
The elements of the case that the government needs to prove in a Fairfax County gun prosecution depend on the specific offense being charged. Every charge has different elements and every charge is going to have different things that need to be proven. It depends on what someone is charged with, but regardless of the situation, prosecutors have to prove the charge beyond a reasonable doubt.
Everything is aggressively contested in court. How harshly a charge is prosecuted depends on the offense in question. There are situations where somebody could be charged with a gun charge, for example, of unlawful discharge of a firearm. Maybe an individual does it within city limits or somewhere that they are prohibited from doing it. One facet that would be contested is whether or not the event occurred in an area where they are not allowed to discharge their gun, if it is within city limits, whether or not they intentionally discharged it, and so forth.
In a Fairfax County gun prosecution, there is a variety of different evidence used. These include, but are not limited to:
All of these can be used in a prosecution.
Gun cases depend on whether or not an offense is a misdemeanor or is a felony. If it is a misdemeanor, an individual does not have the right to a jury unless they are appealing the charge, so they could have a judge trial. If it is a felony offense, an individual does have the right to a jury, so they could have a judge or a jury trial depending on what their attorney advises them to do and what they decide to do together. Typically, a gun charge is no different than other charges in terms of the trial.
The prosecutor is going to vary depending on the jurisdiction but a person should know that the prosecutor is going to take matters very seriously. Gun charges are something that the prosecution is always cracking down on in Virginia. That is why it is very important to call a professional Fairfax County gun attorney as soon as possible. They can help you through the process of a gun prosecution.