Guns and ammunition are the key pieces of evidence in gun cases. To show that the firearm is operable, the officer will do a test fire to obtain a certificate that may be introduced at trial and presented to a jury. The lack of a license and registration is important evidence and is presented to the jury. Sometimes, there is witness testimony and at a minimum, the officers who seized the gun are called to testify. Body cams and cruiser cams provide video evidence that may be introduced depending on how and when the gun was seized.
Read below to learn more about Maryland federal gun evidence. And if you are facing charges, get in touch with a seasoned federal gun lawyer.
Gathering Evidence in Firearm Cases
Guns and ammunition are usually seized at the time of the arrest. With a traffic stop, a gun may be confiscated from a vehicle. When there is a search warrant, the gun is taken out of the house or apartment. The video can take some time to get because of the time needed to process it and for the defense to ask for it in discovery. The test-fire is usually done within days of the seizure of the gun, if not the same day.
At a traffic stop, the police officer does not usually conduct an extensive investigation. If they do any kind of interview, they are just talking to the person at the scene as it unfolds. They do not call witnesses to the grand jury or do an investigation. Usually, it all happens at once and they charge the case and the case moves forward. The authorities have a head start with the Maryland federal gun evidence and the defense lawyer needs to catch up. When an interview is necessary, the defense attorney quickly sends an investigator to talk to people and find someone who can give testimony that is helpful to the case.
Is Possession Subject to Interpretation?
Firearm possession can sometimes be subject to interpretation. In an actual possession case, where the gun is seized from a person’s pocket or waistband, it is difficult for the defense attorney to make an argument about possession. When a gun is seized in a house where multiple people live, there is an opportunity for the defense to challenge the prosecution’s proof that the defendant was in possession of the gun. That is also true when a single gun is found in a car and there are multiple people in the car, especially if the defendant does not own the car.
Challenging the Prosecution’s Evidence
Possession can be a critical issue in gun cases. Sometimes a challenge is made about whether a person’s fingerprints or DNA evidence is found on the gun. If tests are done for that, there could be an opportunity to challenge possession, especially if multiple people could have been in possession of the gun at the time it was seized. A witness could testify that the gun did not belong to the accused, or it was on the ground when the witness was at the scene.
Call an Attorney About Maryland Federal Gun Evidence
A person should call the attorney as soon as they know there is an investigation. Usually, arrests are generated in gun cases, so the police might arrest someone at the scene when the gun is recovered. The police already have a head start in their investigation, so it does not help one’s case to wait to hire a lawyer. They want to hire an attorney as soon as possible who can do interviews and collect information. The defense attorney must evaluate information quickly to see whether motions could be filed to protect the defendant’s constitutional rights. An accomplished lawyer could help collect Maryland federal gun evidence and build a strong defense for you.
