Prosecution of a Mecklenburg Gun Case
When prosecuting Mecklenburg gun case, gun charges are brought in the Mecklenburg General District Court and in the Mecklenburg circuit court. An individual should retain an experienced gun attorney to see how a very specific case is charged and why it is charged that way and how the case will proceed.
An individual should retain an experienced gun attorney to see how a very specific case is charged and why it is charged that way and how it is going to proceed depending on the charge. A Mecklenburg gun attorney can help explain how their client’s case is charged and what the potential ramifications are going to be.
Proving a Gun Charge Case
If the case against the individual is relating to possession, they need to prove that the client legally possesses the firearm. If it is relating to their prior felony record in possession, they need to prove that prior felony record also proves legal possession. If there is a timeline relating to a non-violent felony in possession of a firearm, they need to prove the conviction was within the last 10 years.
If it is a shooting in a certain area, Mecklenburg gun prosecution case needs to prove that the area was one prohibited by law. If they need to prove that someone was injured then, they need to either have that person admit, or have some sort of stipulation through medical records, et cetera. It depends on how the case is charged.
Common Contested Elements
Possession is probably most frequently going to be contested in Mecklenburg gun prosecution cases. It is rare that when police arrive, someone is still holding a gun. The last thing a person really wants to be dealing with when the police arrive is holding a gun. It is quite frequent that someone who is not supposed to be in possession of a weapon has won in the vicinity and then the Commonwealth has to prove that they had knowledge of it. At some point, it is or it was within their dominion and control.
Importance of Evidence in the Prosecutions Case
The important phrase for every trial is beyond a reasonable doubt. The Commonwealth attorney’s case must be proven beyond a reasonable doubt and they will use whatever evidence they have available relating to the gun possession and/or behavior to meet that burden. Prosecutors in the state of Virginia are the Commonwealth’s attorney are elected officials. They are and do feel a tremendous amount of responsibility for the voters and the citizens of their counties and their safety. They take gun charges very seriously.
There can be a use of statements that the client has made against them in a Mecklenburg gun prosecution case. If they were incriminating, they will use eyewitness testimony. If there is someone who says that someone was in possession of a gun or brandishing a gun or shooting a gun somewhere, they should not have it. They will have a case, the lab has gotten DNA off of a firearm to prove possession by a felony of some kind. It depends on a case, but they are going to use whatever evidence they have available.