How an Attorney can Help you With your Weapons Charge in Georgia

Have you or a loved one been arrested for a weapons charge in Georgia? There are arrests made for more than 257,000 alleged crimes each year throughout the state. 

An arrest and criminal charge can be a life-changing experience for you and your family. Retaining an experienced criminal defense attorney can help you navigate the legal system. Your lawyer can also ensure your rights are well-represented in and out of court.

Read on to learn more about how an attorney can help you with your weapons charge.

Legal Education

Hiring the best attorney is important because of their legal education. To be a licensed attorney in Georgia, an aspiring lawyer must graduate from college. They must then gain admission to law school.

After three years of rigorous coursework in law school, a graduate must sit for and pass the bar exam. A lawyer from another state may practice law in Georgia by filing a motion with the Supreme Court.

Graduating from a law school with a strong reputation helps prepare an attorney to represent you.

Understanding Your Constitutional Rights

The U.S. Constitution includes 27 amendments. They each impact your rights in this country. The best lawyer in Georgia will have a deep understanding of these rights. They will also be able to apply each right to the facts of your case.

If you have a concealed weapon charge or brandishing a weapon charge, this triggers important rights. These constitutional rights govern how government representatives can interact with you.

Using Facts to File a Motion

For example, your charge may arise from the unlawful discovery of evidence. Your attorney will review the facts of your case with you. They will also talk with you about the events leading up to the discovery of a weapon. This will allow them to give you a legal opinion.

Depending on the facts, your lawyer may have a good faith basis to file a motion to suppress. These motions seek to prevent the entry of certain pieces of evidence (or an admission) based on a violation of your rights.

These motions can play a significant part in how your case resolves. If you prevail on these motions, the state may not be able to move forward with the original crimes charged against you.

Suppressing a Confession

The Fifth Amendment of the United States protects your right against unlawful self-incrimination. In short, a government actor cannot force you to be a witness against yourself.

This is an important constitutional right when reviewing how the police receive a confession. For example, if you are in custody, the police must read your Miranda warnings.

These warnings make you aware that you have a right to remain silent and the right to an attorney. Sometimes, police may question you while in custody without reading your rights. They may also continue asking you questions that you respond to and implicate yourself on a criminal charge.

The facts of each encounter with the police can give rise to a motion to suppress your statements. Your weapons charge may not stand if your confession is excluded from evidence.

It’s important to remember that each case is fact-intensive and filing a motion to suppress is never a guarantee that it will be granted in your favor.

Experience With Evidence and Criminal Procedure

A lawyer’s experience with the rules of evidence and criminal procedure is crucial to giving you the best defense possible. The rules of evidence set forth the groundwork for what can and cannot be used against you in a Georgia criminal trial.

This includes things like statements by witnesses and documents and other items obtained during a criminal investigation. Knowledge of these evidence rules can also make a big difference during a trial.

If your lawyer does not make the proper objections, items may enter evidence in trial against you.

Criminal procedure rules are what govern how the criminal justice system works in the state. These include important deadlines for filing documents with the court and responding to motions.

Without a thorough understanding of these rules, you are at a distinct disadvantage as the state puts together its case against you.

Strong Negotiation Skills

Strong negotiation skills are developed by an attorney while they are in law school. They are refined through years of experience handling real-world criminal law cases.

A lawyer’s negotiation skills can make a huge difference in how your case is treated by the government. For example, a lawyer should present your case in the light most favorable to you. They should also provide mitigating factors and other helpful information for the government’s review.

When a lawyer has a good working relationship with the prosecutors in the State of Georgia, this can make plea negotiations a smoother process for their client.

Trial Practice

Even being the most gifted criminal defense attorney doesn’t ensure that a case won’t be tried. Cases go to trial for a variety of reasons. These can include factual disputes or questions about witness credibility.

Your weapons charges may also proceed to trial if the prosecutor handling your case is making an unreasonable plea offer. Your attorney must have trial experience so that they present your case to the judge and jury in the strongest way.

This can help you overcome bad facts at trial and convince the jury to rule in your favor. A jury of your peers can reach a verdict based on a variety of factors, so there is also a calculated risk with going to trial.

Facing Your Weapons Charge

A weapons charge may seem overwhelming at first. With the help of an experienced and compassionate defense lawyer, you can be confident that you will get the fair shake you deserve.

At Jarrett Maillet J.D., P.C., you will speak directly with your attorney and receive updates about your case throughout the process. As a former prosecutor with more than 10 years of criminal law experience, Jarrett Maillet is familiar with the best approach to representation.

Contact our office today to learn more about our services and how we will represent your rights!

Jarrett Maillet J.D., P.C.

210 E 31st St

Savannah, GA 31401

(912) 713-3426