Should I hire an attorney to fight my gun charge? 24 Answers as of April 01, 2013

I got caught with a 22 that was not licensed to me. It was reported stolen 3 years ago but they can't prove it was ever used in a crime. What am I facing and how can I get out of it? I have no record or felonies. Not even a speeding ticket.

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Law Office of Vincent C. Machroli, P.C.
Law Office of Vincent C. Machroli, P.C. | Vincent C. Machroli
A skilled criminal defense attorney would need to discuss this matter with you in greater detail, & ask you many questions, before he/she could give you the proper legal advice (& a quote) you are seeking. Schedule a consultation ASAP. Once the case is resolved to your satisfaction, you'll be glad you paid the money to hire her/him & properly protect your legal rights.
Answer Applies to: Illinois
Replied: 4/1/2013
Law Offices of Steven J. Pisani
Law Offices of Steven J. Pisani | Steven Pisani
I am not quite sure what charges you are facing but hiring a criminal defense attorney is always a better option than going in there alone. The criminal justice system is very complex and it takes many years of experience to learn the ins and outs. A judge and prosecutor may give you some information, but ultimately only your own attorney can properly advise you and discuss the implications in your case.
Answer Applies to: Colorado
Replied: 3/31/2013
Law Office of Peter F. Goldscheider
Law Office of Peter F. Goldscheider | Peter Goldscheider
You definitely need an attorney whether it is a felony or not.
Answer Applies to: California
Replied: 3/27/2013
R. Jason de Groot, P.A
R. Jason de Groot, P.A | R. Jason de Groot
Get an attorney. We do not know any of the facts that the state will use against you.
Answer Applies to: Florida
Replied: 3/27/2013
Michael Breczinski
Michael Breczinski | Michael Breczinski
Yes you should get a lawyer. Maybe that person can work out something where you end up with no record.
Answer Applies to: Michigan
Replied: 3/27/2013
    Universal Law Group, Inc. | Francis John Cowhig
    Sounds like you may have a couple of charges against including receipt of stolen property and the gun charge. There is potential jail time involved in these charges if you are convicted. I suggest that you hire an attorney.
    Answer Applies to: California
    Replied: 3/27/2013
    Springer Law Office, PLLC
    Springer Law Office, PLLC | Francis Springer
    Definitely hire an attorney.
    Answer Applies to: Mississippi
    Replied: 3/27/2013
    Timothy J. Thill P.C.
    Timothy J. Thill P.C. | Timothy J. Thill
    You re facing prison time, possibly. Hire a good defense lawyer to represent you.
    Answer Applies to: Illinois
    Replied: 3/27/2013
    Law Office of Melissa Smejkal | Melissa Smejkal
    Yes, you will need an attorney. You are facing prison time.
    Answer Applies to: Illinois
    Replied: 3/26/2013
    Nelson & Lawless
    Nelson & Lawless | Terry Nelson
    You are always entitled to represent yourself in court. Whether you should is a different issue.

    The conventional wisdom is that an attorney will be able to do a better job and get a better outcome.

    Prosecutors and judges don't like dealing with ProPers, unless you are simply pleading guilty, not defending the case.

    If you don't know how to represent yourself effectively against an experienced prosecutor intending to convict, then hire an attorney who does, who will try to get a dismissal, charge reduction, diversion, programs, or other decent outcome through motions, plea bargain, or take it to trial if appropriate.

    When charged with any crime, the proper questions are, can any evidence obtained in a search or statement be used against you, can you be convicted, and what can you do? While this isn't a 'capital case', possession of a stolen gun and related charges certainly carry potential time, so handle it right.

    No amount of free 'tips and hints' from here or elsewhere are going to effectively help in a legal defense. If serious about hiring counsel to help in this, and if this is in SoCal courts, feel free to contact me. I'll be happy to help fight and get the best outcome possible, using whatever defenses and sympathies there may be.
    Answer Applies to: California
    Replied: 3/26/2013
    William L. Welch, III Attorney | William L. Welch, III
    Consider whether you know the law, procedure, rules of evidence, prosecutor, and Judge well enough to risk having a permanent criminal record and possibly having to serve time.

    An attorney can assist you with evaluating the prosecution's case, any defenses that you might have, and any plea offer that might be made, so that you can decide whether to plea bargain or go to trial.

    If you were to be found guilty, then an attorney can assist you with presenting mitigation, allocution, and a recommendation for a more lenient sentence. and a recommendation for a more lenient sentence.

    Consider seeking a confidential consultation with an experienced criminal defense attorney.

    Beware that online posts are not confidential. If somehow the prosecution were to find your post, then it might be used in evidence against you.
    Answer Applies to: Maryland
    Replied: 3/26/2013
    Attorney & Counselor at Law
    Attorney & Counselor at Law | John Hugger
    You should definitely hire an attorney ASAP. The attorney can speak for you in negotiations whereas if you speak directly you may make a statement that may be used against you.
    Answer Applies to: Colorado
    Replied: 3/26/2013
    The Law Office of B. Elaine Jones
    The Law Office of B. Elaine Jones | B. Elaine Jones
    A gun charge is a very serious charge. You definitely should consult with a criminal attorney. Most attorneys give a free consultation.
    Answer Applies to: Florida
    Replied: 3/26/2013
    Steven Dodge | Steven Dodge
    This is likely to be charged as a felony receiving and concealing stolen property. This is not a case that you will want to handle yourself. There is too much on the line for that. Get an attorney that is familiar with the jurisdiction (court) involved. What county is this case in?
    Answer Applies to: Michigan
    Replied: 3/26/2013
    Anderson Walsh PLLC
    Anderson Walsh PLLC | STACI LYNN ANDERSON
    The answer is a resounding - YES. You could be facing some serious felony charges and may try to "help" yourself into more trouble: Often, prior to being charged or contacting an attorney, people will talk to law enforcement, make statements against their interests and actually help the state prove the case against themselves. All because they don't know the laws, do not know that what they are saying is actually hurting them, and aren't wise to the tactics law enforcement is allowed to use to get a 'confession.' Sometimes, people tell me that they said something like what they are reading in the police reports, but the statement is taken out of context and the words are twisted to sound very different than what the person really said. You should contact an experienced, competent defense attorney right away. Do not make statements to anyone about the case without the advice of your attorney.
    Answer Applies to: Idaho
    Replied: 3/26/2013
    Not Guilty In DC
    Not Guilty In DC | David Akulian
    You should get a lawyer. Penalties differ depending on whether you were found in possession inside a home or business or outside the home or business. One is a felony, the other is not. But you get a jury either way. The thing to watch for is a requirement that you register as a gun offender if you get convicted.
    Answer Applies to: District of Columbia
    Replied: 3/26/2013
    Lawrence Lewis
    Lawrence Lewis | Lawrence Lewis, PC
    See website for info on retaining the right attorney: http://www.lawrencelewispc.com/pages.php?go=pinfo&PID=38 If the gun was stolen, you are in possession of stolen property in addition to the possession of the gun charge. The gun does not need to be tied to murder.
    Answer Applies to: Georgia
    Replied: 3/26/2013
    Klisz Law Office, PLLC
    Klisz Law Office, PLLC | Timothy J. Klisz
    You must have an attorney. The stakes for this felony charge are high. Don't risk things.
    Answer Applies to: Michigan
    Replied: 3/26/2013
    DeVito & Visconti, PA
    DeVito & Visconti, PA | John E DeVito
    One should hire an attorney for any gun charge in Massachusetts. The penalty for carrying a firearm without a license to carry is mandatory 18 months in jail. There are exceptions and there are different sections of the statute which can avoid the mandatory sentence; but, it is not something one should negotiate without an experienced attorney.
    Answer Applies to: Massachusetts
    Replied: 3/26/2013
    Law Office of Brendan M. Kelly
    Law Office of Brendan M. Kelly | Brendan M. Kelly
    You should fight the charge just based on the nature of the offense.
    Answer Applies to: Nebraska
    Replied: 3/26/2013
    Salerno Law Group
    Salerno Law Group | Anthony M. Salerno
    There are a number of factors that can have a direct effect on your case. Was the "22" a hand gun or rifle? Was it possessed in your home or on the street? Was the discovery of the weapon a result of a legal search? Were the serial numbers removed? Do you have a FID Card? These are just a few areas that must be examined to ascertain if you have a defense to the charges. Massachusetts gun laws carry mandatory jail sentences. It is crucial that you speak with an experienced criminal defense attorney as soon as possible.
    Answer Applies to: Massachusetts
    Replied: 3/26/2013
    Betts Legal Services
    Betts Legal Services | Shawn M. Betts
    Anytime you are facing charges involving a firearm, there are potentially serious consequences, both criminal and collateral, so you should definitely retain an attorney to represent you.
    Answer Applies to: Minnesota
    Replied: 3/26/2013
    Beaulier Law Office
    Beaulier Law Office | Maury Beaulier
    You should retain counsel. Defenses cannot be formulated until all of the evidence, police reports and statements are reviewed. However, the charges are serious and may have serious ramifications.
    Answer Applies to: Minnesota
    Replied: 3/26/2013
    Meyer & Kiss, LLC
    Meyer & Kiss, LLC | Louis J. Meyer
    You should hire an attorney. Gun charges are being prosecuted vigorously these days. Did you have a FOID card?
    Answer Applies to: Illinois
    Replied: 3/26/2013
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