I carefully review each firearm case to determine if it can be dismissed and ultimately removed from your record. If this is your first offense, pretrial diversion may be an option. If you resolve your case without a conviction you may be eligible to seal or expunge your record. Once hired I will immediately start working to:
1. Collect and review all written statements, photographs, 911 calls and video evidence;
2. Identify all possible defenses;
3. Negotiate with your prosecutor for a dismissal or reduced charges;
4. Qualify you for a pretrial diversion program, and
5. Do whatever is necessary to avoid a criminal conviction
Defending Your Firearm Case in Criminal Court
The United States Constitution guarantees that people be free from unreasonable searches and seizures and illegal police conduct. It is important you have a complete understanding of the facts of your case, the evidence against you and any weaknesses in the State’s case against you.
- Were you stopped and detained for a lawful reason?
- Did the police officer have the right to search?
- Were you stopped and detained for a lawful reason?
- Did the police officer have the right to search your person, property or vehicle?
- Did you voluntarily consent to any such search?
- Where was the firearm found and did the firearm belong to someone else?
- How many people had access to the place where the firearm was found?
- Were there any witnesses or video evidence of this incident?
- Were you read your Miranda rights? Were any of your statements illegally obtained?
- Are there other factors or motivations that show your lack of intent to commit a crime?
- Is there a lack of evidence or a conflict in the evidence?
Types of firearm and weapon charges
Florida firearm cases range from misdemeanor offenses such as:
- Improper exhibition of a firearm
- Aggravated assault with a firearm
- Carrying a concealed firearm
- Carrying a firearm on school property
- Possession of firearm by a convicted felon
- Possession of a firearm in the commission of a felony
MY APPROACH TO RESOLVING YOUR CASE
During a free consultation, I will consider whether the following options are available to you. My goal is to do whatever is necessary to avoid a felony conviction.
Dismissing the Charge
I can file a ‘Motion to Dismiss’ when there is insufficient evidence to support your criminal charges or when the court lacks proper jurisdiction to hear the case. Speedy trial and statute of limitations defenses can also lead to a complete dismissal.
Excluding Evidence
I can file a pretrial ‘Motion to Suppress’ where evidence may have been illegally obtained. This shifts the burden to the prosecutor to establish in court that all evidence was lawfully obtained. I challenge the State’s case at every stage of the police officer’s investigation (stop, detention, search, arrest, etc.).
Pretrial Diversion
I can apply for your participation in a pretrial diversion program. Your successful completion of the program will result in a dismissal of all charges.
Avoiding a Conviction
I can negotiate with the prosecutor and the court in an effort to secure a withhold of adjudication. This final disposition allows you to avoid a formal conviction.
Seeking a Reduced Sentence
I can present the court with background information and mitigating evidence that may result in a reduced sentence.
Expunging Your Record
After your case is resolved, I can petition the court to seal or expunge all public records relating to your arrest and prosecution. This includes your police report and entire court file. Expunging your record will require the clerk to physically destroy your entire court file and allows you to lawfully say that you have never been arrested or charged with the crime. Only seven entities are entitled to sealed and expunged records.
Firearm case law
Jackson V. State, 4D18-3021 (Fla. 4th DCA 2020). An element of the crime of carrying a concealed weapon is that the defendant was not licensed to carry a concealed weapon. Burden of proof on this element is on the State, rather than on the Defendant to assert as an affirmative defense. Fundamental error occurs when information fails to allege that the Defendant was not licensed and objected to jury instructions do not mention the element.
Brunson v. State, 211 So.3d 96 (Fla. 4th DCA 2017) At time of defendant’s encounter with police, his firearm was not “readily accessible for immediate use” within meaning of statute providing that it is lawful for a person to possess a concealed firearm for self-defense or other lawful purpose within interior of a private conveyance, without license, if the firearm is not readily accessible for immediate use, and thus, defendant could not be convicted of carrying a concealed firearm when the police subsequently found the firearm underneath the front seat of the car after the defendant informed the police as such at a place away from the car.
Call an Experienced Firearm Defense Lawyer
If you have been charged with carrying a concealed firearm or any other criminal firearm offense then call my law office at 407-740-7275 for a free consultation. I am happy to meet with you to discuss the facts of your case and how I can help. I offer a free no obligation consultation so that I can learn about you, the facts of your case and what I can do to help.
I carefully review each firearm case to determine if it can be dismissed and ultimately removed from your record. If this is your first offense, pretrial diversion may be an option. If you resolve your case without a conviction you may be eligible to seal or expunge your record. Once hired I will immediately start working to:
1. Collect and review all written statements, photographs, 911 calls and video evidence;
2. Identify all possible defenses;
3. Negotiate with your prosecutor for a dismissal or reduced charges;
4. Qualify you for a pretrial diversion program, and
5. Do whatever is necessary to avoid a criminal conviction
Defending Your Firearm Case in Criminal Court
The United States Constitution guarantees that people be free from unreasonable searches and seizures and illegal police conduct. It is important you have a complete understanding of the facts of your case, the evidence against you and any weaknesses in the State’s case against you.
- Were you stopped and detained for a lawful reason?
- Did the police officer have the right to search?
- Were you stopped and detained for a lawful reason?
- Did the police officer have the right to search your person, property or vehicle?
- Did you voluntarily consent to any such search?
- Where was the firearm found and did the firearm belong to someone else?
- How many people had access to the place where the firearm was found?
- Were there any witnesses or video evidence of this incident?
- Were you read your Miranda rights? Were any of your statements illegally obtained?
- Are there other factors or motivations that show your lack of intent to commit a crime?
- Is there a lack of evidence or a conflict in the evidence?
Types of firearm and weapon charges
Florida firearm cases range from misdemeanor offenses such as:
- Improper exhibition of a firearm
- Aggravated assault with a firearm
- Carrying a concealed firearm
- Carrying a firearm on school property
- Possession of firearm by a convicted felon
- Possession of a firearm in the commission of a felony
MY APPROACH TO RESOLVING YOUR CASE
During a free consultation, I will consider whether the following options are available to you. My goal is to do whatever is necessary to avoid a felony conviction.
Dismissing the Charge
I can file a ‘Motion to Dismiss’ when there is insufficient evidence to support your criminal charges or when the court lacks proper jurisdiction to hear the case. Speedy trial and statute of limitations defenses can also lead to a complete dismissal.
Excluding Evidence
I can file a pretrial ‘Motion to Suppress’ where evidence may have been illegally obtained. This shifts the burden to the prosecutor to establish in court that all evidence was lawfully obtained. I challenge the State’s case at every stage of the police officer’s investigation (stop, detention, search, arrest, etc.).
Pretrial Diversion
I can apply for your participation in a pretrial diversion program. Your successful completion of the program will result in a dismissal of all charges.
Avoiding a Conviction
I can negotiate with the prosecutor and the court in an effort to secure a withhold of adjudication. This final disposition allows you to avoid a formal conviction.
Seeking a Reduced Sentence
I can present the court with background information and mitigating evidence that may result in a reduced sentence.
Expunging Your Record
After your case is resolved, I can petition the court to seal or expunge all public records relating to your arrest and prosecution. This includes your police report and entire court file. Expunging your record will require the clerk to physically destroy your entire court file and allows you to lawfully say that you have never been arrested or charged with the crime. Only seven entities are entitled to sealed and expunged records.
Firearm case law
Jackson V. State, 4D18-3021 (Fla. 4th DCA 2020). An element of the crime of carrying a concealed weapon is that the defendant was not licensed to carry a concealed weapon. Burden of proof on this element is on the State, rather than on the Defendant to assert as an affirmative defense. Fundamental error occurs when information fails to allege that the Defendant was not licensed and objected to jury instructions do not mention the element.
Brunson v. State, 211 So.3d 96 (Fla. 4th DCA 2017) At time of defendant’s encounter with police, his firearm was not “readily accessible for immediate use” within meaning of statute providing that it is lawful for a person to possess a concealed firearm for self-defense or other lawful purpose within interior of a private conveyance, without license, if the firearm is not readily accessible for immediate use, and thus, defendant could not be convicted of carrying a concealed firearm when the police subsequently found the firearm underneath the front seat of the car after the defendant informed the police as such at a place away from the car.
Call an Experienced Firearm Defense Lawyer
If you have been charged with carrying a concealed firearm or any other criminal firearm offense then call my law office at 407-740-7275 for a free consultation. I am happy to meet with you to discuss the facts of your case and how I can help. I offer a free no obligation consultation so that I can learn about you, the facts of your case and what I can do to help.
