Role of an Attorney in a Virginia Gun Case
If a person owns a firearm in Virginia, they need to be intimately aware of all of the laws that pertain to how to transport the firearm in a vehicle, how to store it in a home safely, whether or not they are allowed to conceal a weapon when they are carrying it, or if they just must have it concealed in their vehicle. There are a lot of different ways that a person can violate the gun laws in Virginia without intending to do so.
It is the role of an attorney in a Virginia gun case to advise their clients of the specific laws regarding the possession and transportation of a firearm. If you are facing a gun charge and are seeking legal representation, consult with a Virginia gun defense lawyer as soon as possible.
Being Familiar with Gun Laws
Any person who makes the choice for themselves or their family to own a firearm in Virginia should consult the laws of Virginia. If an individual has any questions about the laws, and if those laws are not immediately clear as to what they mean, a person should consult with an attorney.
Most lawyers deal with guns on a regular basis and would be comfortable spending a couple of minutes answering some basic questions about how things work and what the individual’s responsibilities or rights are. It is the role of a lawyer in a Virginia gun case to best consult their client on the rules and regulations surrounding gun possession.
Some attorneys are willing to spend time talking to the general public about questions they might have, regardless of whether or not they have been charged with a gun crime. A lawyer can answer any questions the person may have about laws or procedures in terms of obtaining firearms.
Meeting with a Lawyer
Generally, an individual is not going to meet with an attorney before they talk to them on the phone. The lawyer would go through the case for at least a brief intake over the phone and give the person an idea of what possible defenses may be available and what information is needed.
An individual should contact a lawyer because every gun charge is different and every set of facts and circumstances is different. It is the role of a lawyer in a Virginia gun case to educate the individual on what they are charged with and the conduct that took place leading up to that charge. The attorney can help the person sort out exactly what they might need when they come to that initial meeting.
Importance of an Attorney
The gun laws in Virginia can be somewhat complex. A lawyer who has dealt with gun laws before should be able to effectively consult with an individual about the charges relating to the violations of those gun laws.
The case would be best suited by an experienced attorney who has represented many clients before on the issue of gun possession or ownership. It is the role of a lawyer in a Virginia gun case to provide a solid defense on behalf of their client.
Building a Defense
In a Virginia sex crimes case, the defense depends on the facts and circumstances surrounding what it is that the individual is allegedly charged. Typically speaking, an attorney will look at whether or not the government can prove possession.
There might be defenses that involve statements that might have been made and whether or not those were made in violation of the Fifth Amendment. An attorney may look at other constitutional issues, such as whether a search and seizure took place without a warrant and, if so, whether that lack of warrant is justified by certain exemptions under the Fourth Amendment.
There are a lot of different things that an attorney has to look at when taking on a new case to determine what defenses might be there. They always look at whether the government can prove possession and whether the government can prove intent to commit whatever crime it is the person is charged with.
Length of the Legal Process
The primary variable in determining how long the prosecution for a gun offense is going to take is whether or not a person is charged with a misdemeanor offense or a felony offense. If they are charged with a misdemeanor offense, under most circumstances and in most jurisdictions, the case is going to be tried and finished within three months.
A felony, however, requires a lengthier process, because if it is going to remain a felony and go to trial in circuit court, it is going to start in the general district court for what is called a preliminary hearing. This process can take two to three months.
After that, the case must go to circuit court and be set for a trial. That process can take much longer, perhaps up to six months and, in certain cases, even longer than that. The total time for a felony prosecution can be up to a year, whereas for a misdemeanor, it is usually much less than that.