All gun owners should understand their constitutional rights—both their right to bear arms and their legal rights during an arrest. Failure to protect your own legal rights could land you in unnecessary legal trouble. For example, law enforcement officers often search vehicles during traffic stops to look for illegal guns, so it is critical that all drivers understand that they do not have to consent to a search.
Mecklenburg County gun arrests can quickly turn into extended periods of incarceration and a serious disruption to everyday life. If you are under arrest for a firearms offense, be sure to demand an attorney as early as possible to ensure that your legal rights are protected. Contact a seasoned gun lawyer to learn more.
Law enforcement will decide when to arrest a person based on whether they can establish probable cause for the underlying firearms offense. If they determine in the context of an interaction that someone is illegally in possession of a gun or that a gun is present in the context of other criminal activity, they will likely decide to move forward with charges and make an arrest
Whether law enforcement waits for a specific prompt or signifying action before an arrest depends on the context of the encounter. Often, if a crime has occurred and law enforcement responding to the scene to recover a gun, the officers may file firearms charges. Just as often, however, law enforcement encounters someone in the context of a traffic stop, and they do not have to wait for anything specific to happen. If there is evidence that the driver is unlawfully in possession of a gun, even when no violent act or other activity has taken place, they may still make an arrest.
In Virginia, guns do not have to be registered, so officers do not check for specific registration of a gun. Still, police have access to databases to determine whether a gun has been stolen.
It is important that a person remain familiar with their constitutional rights when they are being arrested by law enforcement, and that they understand that they do not have to speak to police or provide any evidence that would incriminate them. They have an absolute right to speak to an attorney and an absolute right to remain silent through police questioning.
When someone is arraigned for gun crimes in Mecklenburg County, they are often arraigned without the presence of an attorney. Since they do not have an attorney with them, judges are less likely to release a defendant on bond. By contacting an attorney as quickly as possible following a Mecklenburg County gun arrest, an arrestee may increase their chances of being released on bond.
Firearms are well-regulated in Mecklenburg County and all of Virginia, meaning that the penalties associated with a gun conviction could be severe. Understanding the process of Mecklenburg County gun arrests may allow a defendant to avoid self-incrimination or other mistakes that could seriously damage their case. If you have been arrested, be sure to contact an experienced attorney as soon as possible for legal representation throughout the arraignment process.