Constitutional Issues in Dumfries Gun Cases
The most common constitutional issues in Dumfries gun cases are related to the Fourth Amendment that prohibits the government from conducting the illegal searches and seizures. If there is not a search warrant then the defense attorney must look very closely to determine whether or not the government is going to be able to meet any of the exceptions to the warrant requirement and additional consideration under constitutional law deals with the Fifth Amendment. Contact an established gun lawyer to begin your defense.
What Issues Infringe on an Individual’s Constitutional Gun Rights?
Often, cases that involve gun charges or possession of guns rely upon statements that are made by the defendant once they have been apprehended by law enforcement.
Under those circumstances, the government must prove that the defendant was advised of their Miranda Rights under the Fifth Amendment, meaning the right to remain silent, the right to have an attorney present during questioning, et cetera.
Common constitutional issues in Dumfries gun cases involve certain infringements on the rights of an individual. If statements were made while an accused is being interrogated, while they are in custody and those rights were not advised to the defendant and they were permanently waived by the defendant, then the admissibility of those statements can be challenged.
Impact of Constitutional Issues on a Firearm Case
If they are able to prevent statements from being admitted into evidence, that can cause the whole case to go away. If a weapon was discovered during the course of the illegal search that was conducted without a warrant and not pursuant to an exception to a warrant requirement under Virginia law or the United States constitutional law then the evidence they see is pursuant to the fact that illegal search is excluded from the government’s case, meaning the charge goes away.
Using Second Amendment as a Defense
Congress and the state legislature have each passed laws that prohibit certain kinds of gun-related conduct and each of those statutes have been reviewed by higher courts and past constitutional muster. If a person is charged with violating any of those statutes, they should know that the Second Amendment has already been applied to those statutes in a higher court and have successfully prevailed against those challenges. Just claiming Second Amendment because a person has been with any old gun crime is not going to be sufficient.
A person cannot just automatically possess a gun simply by being in this country; a person needs to be eligible to possess a gun and there are certain laws that have passed constitutional muster in the courts that prohibit people from possessing a gun if they have been convicted of a felony and not have their rights otherwise restored. Just claiming Second Amendment is not enough. A person has to be eligible under the law to both state and federal before they are capable of legally possessing a firearm.
Benefit of a Gun Offense Attorney
It can be beneficial to have an attorney who takes an aggressive approach to constitutional issues in Dumfries gun cases. There are, unfortunately, a lot of lawyers who take a case and their single goal in that representation is to work out a good plea deal for their client.
It is important to prepare the client in order to have them help the attorney negotiate a favorable plea deal if that becomes necessary but not concede that point to the government until they are certain through due diligence and an investigation so that they are able to prove their case beyond a reasonable doubt.
Someone accused of a firearm offense should speak with an attorney who has experience and the willingness to hold the government’s feet to the firearm every single criminal charge.