An Indiana gun rights lawyer often works with the State of Indiana’s licensing agency, if a person is denied a concealed carry permit, an Indiana gun rights attorney might get involved to challenge the denial. Or, a gun rights lawyer may act as a criminal defense attorney to help their client defend against an allegation of a violation of firearm law.
Call The Law Offices of Jesse K. Sanchez Today to discuss your firearms charges (317) 721-9858
What You Need to Know if you’ve Been Charged with Possession of Firearm or Carrying a Handgun Without a License:
Can the State Prove the Firearms Charge?
Whether we are talking drugs or guns, these cases generally ask whether the government can prove that you were in knowing “possession” of an item prohibited by law. Under Indiana law, there are two ways to prove possession of something. Firstly, the State may seek to prove “actual possession” by showing that an accused person had direct physical control over a prohibited item. However, the State may also make its case by proving that an accused person had “constructive possession” of something beyond a reasonable doubt.
What’s the Best Defense Needed for a Gun Rights Case?
To make a case for constructive possession, the State must show that a defendant had both an intent as well as the capability to maintain dominion and control over the contraband item. This is obviously a much harder case for the government to make. What if there are multiple people found near the guns or drugs? What if there’s only one person found with the drugs but the State cannot show that the defendant knew the drugs or gun were there? These cases are all unique and complex in their own way. At the Law Office of Jesse K. Sanchez, your attorney will know how to analyze the case to determine what evidence the State really has against you. For a more information don’t hesitate to call The Las Offices of Jesse K. Sanchez a quick at (317) 721-9858 today to discuss your case.
You May Have the Argument to Suppress the Firearms Evidence
While arguments to suppress evidence are often quite complicated, all “motions to suppress” essentially claim that the rights of the accused person were violated in some fundamental way and, therefore, any evidence gained from the violation should be excluded from evidence or “suppressed.”
It’s a controversial technique, because it can take evidence that makes a defendant look “obviously guilty” and get it thrown right out of court. But, the idea here is to deter police misconduct. And, this is exactly what the 4th Amendment of the U.S. Constitution demands in it’s guarantee when it states that:
“The right of the people to be secure in their persons, houses, papers, and effects, against unreasonable searches and seizures, shall not be violated, and no Warrants shall issue, but upon probable cause, supported by Oath or affirmation, and particularly describing the place to be searched, and the persons or things to be seized.”
What’s more, under the Indiana Constitution, Article I, Section 11, citizens are protected by even stronger guarantees.
Now You Have an Indianapolis Firearms Attorney on Your Side
So, was there probable cause for the search warrant of your home? Did the officer have the right to search your vehicle? Did the officer have the right to stop you at all? These are the kinds of questions we ask in a suppression case. To learn more about a potential suppression in your case, call me at (317) 721-9858 as soon as possible.
