What Happens in a Weapons Possession Case?
Most weapons possession cases, and other criminal cases, settle out of court. PLea bargains were almost unheard of in 1900, somewhat common by 1950, and very common by 2000. Today, fewer than 5 percent of criminal cases go to trial. These resolutions avoid the uncertainty and drama of a trial. However, as outlined below, a favorable plea bargain is a process, not a result.
For a good Leesburg criminal defense lawyer, plea bargain preparation is almost as extensive as trial preparation. Any lawyer can take the first offer or look for an easy way out. But only the best lawyers understand all the steps of the criminal justice process, and how each stage works to bring about a successful result.
Jail Release
Pretrial incarceration hampers criminal defenses. Defendants cannot work with their Leesburg criminal defense lawyers in any meaningful way. Furthermore, most jurors assume that people in jail probably did something wrong.
Immediate pretrial release is also important for personal and vocational reasons. A criminal case is stressful and carries long-term consequences. Anyone who says anything different is either inexperienced or telling you what you want to hear. Pretrial release minimizes this damage.
Virginia has one of the highest percentages of unsentenced inmates in the county. To reduce the population of county jails, three different jail release methods are usually available in weapons possession cases:
- OR Release: Weapons possession is a borderline nonviolent case. Therefore, own recognizance release may be available. If defendants promise to abide by certain conditions (more on that below), the sheriff releases them.
- Cash Bail: Initial bail in a weapons possession case is usually around $750, since this offense is usually a misdemeanor. Initial bail is higher in felony cases. Initial bail is much like a security deposit. If the defendant puts up the entire amount and complies with all conditions, the county refunds most of that money when the case is resolved.
- Bail Bond: If cash bail is like a security deposit, a bail bond is like an insurance policy. If the defendant doesn’t fulfill all conditions and the court revokes bond, the bonding company bears the financial risk. Most bonding companies charge about a 15 percent premium for these insurance policies.
Common pretrial release conditions include attending all required hearings, a requirement that may include attending procedural hearings, remaining in the county, and staying out of trouble. Courts often add offense specific conditions as well, such as a gun ownership ban in a weapons possession matter.
Developing Defenses
Once the defendant is out of jail, a Leesburg criminal defense lawyer develops procedural, substantive, and/or affirmative defenses.
Procedural defenses in weapons possession cases often include Fourth Amendment violations. This constitutional provision sharply limits police officers’ ability to search for contraband, like illegal weapons, and seize it.
At trial, the state must establish three basic elements in a weapons possession case. These three basic elements are:
- Proximity,
- Knowledge, and
- Control.
If the state cannot prove all three elements beyond a reasonable doubt, the defendant is not guilty as a matter of law.
Affirmative defenses aren’t very common in possession cases. The entrapment defense, which is very hard to prove, may apply in a few cases.
Reach Out to a Hard-Working Loudoun County Lawyer
There’s a big difference between an arrest and a conviction in criminal law. For a confidential consultation with an experienced criminal defense attorney in Leesburg, contact Simms Showers, LLP, Attorneys at Law. Virtual, home, and jail visits are available.
