POSSESSION OF A FIREARM DURING COMMISSION OF A FELONY

Firearm charges can involve various different allegations and facts, but there is always one constant, which is the alleged possession of the firearm itself.  The Government will attempt to prove possession through actual or constructive possession.  Actual possession is when the allegations are that the accused was actually seen with the firearm in their hand or on their person.  Constructive possession is a legal doctrine that allows an individual to be charged with possession although they did not have the firearm in hand or on their person.  The judge or jury can find constructive possession if an individual had the knowledge that the firearm was there and also maintained the ability/power to gain access to that weapon.

The most effective way to mount a defense to most firearm charges is through a motion to suppress.  If a motion to suppress the recovered evidence is granted by the court, then in most cases the Government no longer has anything to present.  A motion to suppress can be based on a legally invalid traffic stop, pedestrian stop, vehicle search, home search, k-9 search, etc.  As citizens we have a right to go about our lives without unnecessary intrusion by law enforcement officers.  Police officers must have a valid basis for stops and searches.  They CAN NOT stop or search you just because a person looks suspicious or because they may have thought that someone was up to no good.  These type of justifications will not stand up in court.

The Attorneys at The Simms Firm, PLC have extensive experience in handling cases involving firearm charges.  The Attorneys are knowledgably of the necessary motions and trail tactics that are needed to give our clients the best opportunity to successfully challenge the Government’s evidence.  Our attorneys will aggressively look for as many defenses to the charges as possible, and file the necessary motions in Court.  Attorney Simms and Attorney Associates have the experience necessary to cross-examine law enforcement officers to test the validity of the filed charges.