Firearms cases usually carry serious consequences, regardless of the specific nature of the charge, and prosecuting gun charges in Mecklenburg County is a priority for state’s attorneys. In any firearms case, the consequences that follow a conviction could be more serious than the fine or jail time itself. A criminal background could harm an individual’s ability to find employment, education, or housing for the rest of their life.
It is important that a defendant consults with an attorney as soon as possible so that they can understand the full range of consequences and best prepare an effective defense. The earlier you call an attorney in a case, the better prepared you may be for facing prosecution.
The specific elements that the prosecution needs to prove in a gun case will depend primarily on the nature of the underlying offense. The prosecution must prove beyond a reasonable doubt each element of the specific charge brought against the defendant.
The nature of the item the prosecution is alleging to be a gun will likely be a hotly contested issue in a firearms case—some defendants may claim that a firearm was actually a legally owned airsoft gun or another toy. Constitutional issues in the case also will be hotly contested, such as whether the gun was found in a warranted search.
The prosecution typically relies on the observations of law enforcement to prove a firearms charge. Prosecutors may also use the testimony of witnesses on the scene and any statements that were given regarding the display, use, or presence of the firearm. Occasionally, ballistics evidence may be used in a gun case, and perhaps fingerprints or DNA analysis
Gun cases are typically prosecuted beginning in the General District Court and then the Mecklenburg County Circuit Court. Defendants should understand that any prosecutor in a gun case in the county will treat the case very seriously, and a defendant should be prepared to face very
The process of a firearms case is often long, meaning that a case may not move to trial until months after an initial arrest. Very often, a case may first include a bond hearing because of the serious nature of gun cases and then continue with a preliminary hearing, which is a probable cause hearing. Finally, there is the trial itself.
Defendants should expect to meet with their attorney regularly, and they should be ready to decide whether they want their trial to be heard before a judge or a jury. An experienced attorney will be able to advise them appropriately on that choice.
If you are facing prosecution for firearms charges in Mecklenburg County, it may not be advisable to defend the case on your own. Without an effective defense, state’s attorneys tasked with prosecuting gun charges in Mecklenburg County will push for harsh penalties and may easily be able to convince a judge or jury of your guilt.
Contact an experienced criminal defense attorney to represent you throughout the criminal justice process. A lawyer could build a strong defense against firearms charges and work to preserve your future.