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When facing CCW charges, a strong defense is needed. If the prosecutor's evidence can be suppressed, it may be possible to get the charges dismissed before the case goes to trial.
If the case goes to trial, a skilled attorney may be able to prove that the evidence presented by the prosecution can not be proven beyond the shadow of a doubt.
A felony conviction for concealed carry can alter your life permanently. It is imperative that you do everything possible to obtain a positive resolution of your case and avoid the harsh penalties that result from a conviction.
Under Michigan law (Penal Code section 750.227), carrying a concealed weapon in a vehicle or on your person without a license, you can be charged with a felony. This felony is punishable by up to 5 years in prison and a $2,500 fine. The only places you can legally carry a concealed gun without a license are at your place of dwelling, your place of business or on other land you own.
If convicted of this felony, you will no longer be allowed to own firearms. Additionally, your ability to gain employment, qualify for professional licenses or enroll in college may be significantly affected.
CAN THE CHARGES BE DISMISSED WITHOUT GOING TO TRIAL?
If the police obtained the evidence against you in violation of your constitutional rights, it is inadmissible and cannot be used against you.
Examples of Obtaining Evidence Unlawfully
The Traffic Stop was Illegal
Many concealed carry charges arise from traffic stops. If the police did not have a valid reason to pull you over, any evidence obtained during that traffic stop may be suppressed.
The Vehicle Search was Illegal
The police need your consent or must have probable cause to believe you are hiding something illegal in your car to search it. If the police don’t have probable cause or your consent to search your car, any concealed weapons found may not be used to prove your guilt in court.
CAN CONCEALED CARRY CHARGES BE DISMISSED AT TRIAL?
If your case goes to trial, the prosecutor must prove every element of your case beyond a reasonable doubt. If the prosecutor cannot do that, your lawyer can make a motion to suppress the evidence that the prosecutor wants to present. If the motion is successful, the prosecutor may lack enough evidence to go to trial and your lawyer can ask the court to dismiss the charges against you.
Defenses Used to Suppress Evidence
You did not Knowingly Possess the Concealed Weapon
A big part of any criminal accusation is intent. For a gun charge to stick, the prosecution needs to show that you were aware that you were concealing a gun. But what if the gun was inside the glove box of a car you you borrowed from a friend? If you weren’t aware that the gun was in the car, you can argue that you had no knowledge of the weapon.
Sometimes a passenger or other occupant of the vehicle may place a weapon under a seat, in the back pocket of a seat, or other location in the car and the driver of the car has no knowledge of the gun. The prosecution must prove beyond a reasonable doubt that the defendant knowingly carried the weapon. Merely being present in a vehicle where a pistol or weapon was found is not enough to make someone guilty.
The Weapon was not Concealed
A partially concealed weapon is often considered to be concealed, but your lawyer may be able to show that your weapon was sufficiently visible and should be considered to be open carry.
You were on your own property
If you got arrested for illegal concealed carry on the border of your property, your lawyer may be able to show that there is a possibility the officer arrested you on your own property and the concealed carry was legal.
OTHER BEST OUTCOMES FOR A CCW CHARGE
Under Michigan law, there are special provisions of law to get criminal crimes dismissed for adults and juveniles. In addition to HYTA and diversion programs (listed below) there are other provisions that may be advantageous to your case. An attorney can advise you on what is available to you.
The Holmes Youthful Trainee Act (HYTA) is applicable for eligible youthful offenders, age 18 but before age 26, Under HYTA, designated misdemeanors or felonies may be dismissed and sealed after successful completion of probation along with any conditions ordered by the court.
Diversion programs are a way for defendants/offenders to avoid a conviction. The programs are focused on first-time offenders charged with non-violent misdemeanors or low-level felonies.
Why You Need a Criminal Defense Attorney to Fight Your CCW Charges
A CCW charge is likely to receive special attention from both the prosecutor and the judge because of the potential for injury or loss of life. In areas with high levels of gun violence, prosecutors will often take a very aggressive approach both to the charges issued and in seeking incarceration.
About Attorney Carl Jordan
Defending weapons charges requires a thorough knowledge of the many exceptions and legal defenses relating to these charges. It also requires a great deal of legal skill and courtroom experience. Michigan Criminal Attorney Carl Jordan has successfully defended many clients charged with CCW. He can provide the aggressive, effective defense you need to fight CCW charges.
Attorney Jordan will evaluate your case to determine the best course of action and your eligibility for dismissal of criminal charges or alternative sentencing provisions including HYTA or diversion programs. Stop stressing and contact him at 248 358-6647 for a free consultation.