Colonial Heights Gun Arraignments
During Colonial Heights gun arraignments, judges look at the facts from the police officer’s perspective and the nature of the charge, such as whether it was a misdemeanor or a felony. A judge will also look at the person’s criminal history to determine if they can be released or not. Judges will not release a person with a gun charge at an arraignment.
If you are facing gun charges, reach out to an attorney who could help advocate for you at your arraignment. A seasoned gun lawyer could also fight for your rights and help build a strong defense.
Being Considered a Danger to Society
A judge will review the facts of the case at a gun arraignment in Colonial Heights to determine whether the individual is a danger to society or not. People can be considered a danger to the public if they have a criminal history of violence or a criminal history revolving around gun-related offenses. When an attorney is trying to convince the judge that someone being held in jail is not a danger to society or themselves, they need to address all of the judge’s concerns. They would have to familiarize themselves with the case so they can determine the issues that have the judge concerned and then they can tailor the bond motion to address those concerns.
Flight Risks and Gun Charges
A flight risk means that the person is considered someone who will likely not return to court after being released. If someone is considered a flight risk, they will not be able to post bond and get released.
There are two major factors as to why a person may be more of a flight risk on a gun charge than other charges. If they have a history of not coming to court, the court is going to view them as a flight risk. If those individuals who are facing gun charges are held without bond, the court believes that being held without bond would make them more of a flight risk because they know that they are looking a significant amount of jail time if found guilty, and if they do not show up at court, they believe they cannot be found guilty.
How Could an Attorney Help Regarding Flight Risks
Situations regarding bonds are case-specific and a lawyer will always have to convince the judge that the individual is not going to skip bail. That can be done by:
- Explaining how they would not be found guilty
- Discussing how there is no presumption against bond
- It is unfair to hold someone before they are found guilty
- This person is an innocent individual
- This person has a clean criminal history when it comes to failing to appear
The lawyer has to put a positive spin on the case depending on what the facts are.
Pleading to Gun Charges
In a criminal case, there are many different pleas that can be made. These pleas include:
- The guilty plea, which means that the individual agrees with what they say they did and is accepting responsibility for their actions
- Not guilty, which means that:
- They did not do what they say they did
- They did do it, but there is legal reasoning that indemnifies them from any responsibility for it
- Maybe they did or maybe they did not, but the State cannot prove they did it.
- No contest, which means that they are not pleading guilty or not guilty; if this matter were to go to trial, they think the State could probably prove they did it, but they are not saying they did it
- An Alford plea, which is similar to a no-contest plea, which admits nothing other than if this went to trial, they would probably lose
What to Consider Before Pleading Guilty
Before an individual pleads guilty to a gun charge or any criminal charge, they must be completely aware of what the outcome of the case will be, especially when pleading guilty. Once they plead guilty, they are giving up their rights.
The first thing to consider is whether to go to jail or not. To plead guilty is saying that the defendant did commit the offense. If it is a criminal case, then jail time is on the table in some way. If it is a misdemeanor, they are looking at 12 months in jail while a felony could be five to 20 years in jail.
An individual needs to understand exactly what rights they are giving up if they plead guilty in any case. Depending on what the case is, they could:
- Lose their right to vote
- Lose their right to possess a firearm in the future
- Lose their freedom
- Lose federal benefits
Many people plead guilty to things they are not guilty of because they are scared to go to trial or they just want to get out of jail. No one should want to place any type of criminal charge on their record. Before pleading, a defendant should consult with a seasoned lawyer who could build a defense and possibly get the charges reduced or dismissed.
How an Attorney Could Help at Gun Arraignments in Colonial Heights
It is imperative that a person has counsel from a competent defense attorney before making a plea to criminal charges. Their plea options are going to greatly affect their future going forward, and without counsel, they do not know what this can do to them.
Call today to learn more about Colonial Heights gun arraignments and how an attorney could help you.
