Evidence in a Virginia Gun Investigation
Virginia is considered by many to be a gun-friendly state. The state has much less restrictive laws than they do in a lot of other states or cities. However, as it is nationwide, that sentiment is slowly turning. More bills are being introduced on an annual basis that restricts the freedom with which guns can be possessed or purchased legally.
Overall, Virginia is trending to the left in terms of gun possession and ownership in Virginia. However, it is still considered widely to be one of the more conservative states in the union when it comes to those kinds of laws.
Due to these laws, the relevance of the evidence in a Virginia gun investigation can vary. To understand the significance of the evidence in your Virginia gun investigation, it is important to contact an experienced Virginia gun attorney immediately.
The issue of possession and whether or not the government has proof beyond a reasonable doubt that a person possessed a firearm can be a gray area among prosecution. The law of possession is broken down into two main categories. There is actual possession and constructive possession.
If there is actual possession, meaning the gun is on the person itself, then there are a lot less gray areas. However, if the police are charging constructive possession, then they must prove beyond a reasonable doubt that the person knew the gun was there and that they exercised some dominion and control over that weapon. Constructive possession can be defined as when a gun is in the vicinity of the person who is charged, but there is no proof of actual possession.
An attorney needs to look at the evidence that is collected by the police when determining what gray areas there might be. Often, there are gray areas in gun-related cases. The attorney must go through the government’s evidence, look at what it is that they intend to introduce at trial, and then conduct their own investigation as to the nature of that evidence and how viable that evidence is.
Perhaps, the evidence in a Virginia gun investigation might be inadmissible for various reasons. The evidence may be unreliable for various reasons or it may be wrong. All of those elements are what an experienced attorney will consider when interpreting the evidence in a Virginia gun investigation.
Contact a Lawyer
A person needs to call a lawyer as soon as they find out they are being investigated for a Virginia gun charge. Even if they have not been officially charged yet, talking to a lawyer during an investigation can help them come up with correct ways to respond to the authorities when they want to ask questions about the investigation.
The lawyer can always intervene by discussing the case with the officers who are investigating the person and try to head off any questioning or control any questioning that they might want to engage in. There are a lot of different ways that an attorney can help. It often depends on the nature of the evidence in a Virginia gun investigation and how far along it is, but the sooner a person calls an attorney, the better it will be for the case.