Can you beat a gun case?

Asked by: Steve Braun  |  Last update: September 20, 2025
Score: 4.5/5 (61 votes)

If law enforcement officers obtained evidence illegally, your attorney may make a motion to suppress the evidence, meaning the state cannot introduce it at trial. Suppression of evidence can weaken the prosecution's case to the point where several charges—or even the entire case is dismissed.

What makes a gun case go federal?

What Makes a Gun Case Go Federal? A firearms case goes federal once the trafficking of guns has gone across state lines or possession of a gun involves a prohibited individual, such as a convicted felon, an illegal alien, or someone with a restraining order against them for harassment.

Can you fight a gun charge?

If you want to get your firearm rights back, you will need a gun lawyer to help fight the charges against you so you don't get a felony conviction on your record. But if you get caught with a gun, the chances are pretty good that you will be charged with a federal felony.

Do gun charges get dropped?

Other times, confusion about newer firearm statutes might lead to police officers arresting someone when there isn't actually a justification to do so. Prosecutors might eventually dismiss the charges when they realize they are unlikely to prevail should they take the matter to trial.

Why would the feds pick up a gun case?

Guns are a big issue right now because of what's going on in the country related to mass shootings and other issues regarding murders in LA County and across California. So, one big thing is that the feds are interested in significant gun cases, meaning guns are being shipped and sold illegally in the United States.

Facing Felon in Possession of a Firearm Charges? Watch This

17 related questions found

Can a case be dismissed after pleading guilty?

Sometimes the judge will dismiss the charges if the defendant withdraws their plea based on new evidence of their innocence. A judge is more likely to accept a guilty plea withdrawal in the earlier stages of a case or soon after the plea was made.

How much is a bond for a gun charge?

Bail for Felony Gun Charges

Under PC 30600, it is illegal in California to possess assault rifles like AK-47s or AR-15s. Bail for possession of an assault weapon starts around $50,000 to $100,000. Supplying, selling, or manufacturing assault weapons warrants bail near the top of that range.

How do you know if the feds will pick up your case?

As stated by the U.S. Department of Justice, the feds may pick up your case if it involves federal law violations, crosses state lines, or includes large-scale criminal activity. The FBI or other federal agencies will investigate, and if they find enough evidence, they will take over.

Can you be charged with a gun without evidence?

Possession - All gun charges require the prosecution to show that the defendant actually possessed or owned the firearm. Depending on the evidence, the prosecution may not be able to show that it was actually the defendant's gun or that the defendant ever possessed the gun.

Does a gun case need to be locked?

The container must completely secure the firearm from being accessed. Locked cases that can be easily opened are not permitted.

Should you carry your gun chambered?

Carrying with one in the chamber allows you to move more quickly in a defensive encounter while carrying without one chambered reduces the risk of a negligent discharge. Most people choose to conceal carry with a round in the chamber, as speed is often a priority when it comes to drawing from a holster.

Can you store a gun in a gun case?

Storing firearms in closed gun cases or scabbards isn't recommended because moisture can accumulate. Store guns horizontally, or with the muzzle pointing down.

What would make a case federal?

Cases that raise a federal question involving the United States Government , the U.S. Constitution, or other federal laws; and. Cases involving diversity of citizenship, which are disputes between two parties not from the same state or country, and where the claim meets a set dollar threshold for damages.

What is the sentence for a federal gun charge?

Under 18 U.S.C. § 924(c), the mandatory minimum sentence is five years, increasing to seven years if the firearm is brandished and ten years if discharged.

Is gun control federal or state?

Through their independent efforts and in collaboration with the federal government, state and local governments play a crucial role in the effort to reduce firearms crimes and accidents. Some state laws place more stringent controls on the use and possession of firearms than federal law.

How to tell if the feds are watching you?

  1. Receiving a Target Letter. ...
  2. Federal investigators Showing Up at Your Home or Work. ...
  3. Having Your Phone Calls Monitored. ...
  4. Unusual Activity from Financial Institutions. ...
  5. Unexplained Grand Jury Subpoenas for Documents, Emails, or Other Records. ...
  6. Criminal Indictments Issued by the U.S Attorney.

How long do federal cases take?

This entire process can take anywhere from a few months to two or three years (or even longer) in some cases. Anywhere along the process, a defendant may choose to plead guilty to the charges. Or, the government may wish to offer a plea bargain to the defendant.

Does turning yourself in reduce your sentence?

There are so many things that factor into sentencing that there is no way to say “turning yourself in will cut off 2yrs or 60% of your sentence.” In general, in the US plea deals result in less harsh punishments because you are saving the state the time, money and uncertainty of a trial.

How much does a $5000 bond cost?

As mentioned above, your bond rate is a percentage of the bond amount. For example, if you need a $5,000 bond, you will likely only pay a premium of $25–$500. Similarly, a $50,000 bond would cost between $250–$5,000 and a $500,000 bond would be around $2,500–$50,000.

What does a 2 million dollar bail mean?

Bail is a financial guarantee that a defendant will appear in court for all required hearings. If a bail amount is set at $2 million, this doesn't necessarily mean you need to come up with this amount in cash.

How much does a $200 000 bond cost?

The standard fee is 10% of the total bail amount. So, for a $200,000 bail, you would typically pay $20,000 to a bail bondsman. This fee is non-refundable, even if the charges are dropped or the defendant is found not guilty.

Why should you never take a plea bargain?

Critics argue that plea bargains can result in innocent people pleading guilty to avoid the risk of a harsher sentence at trial. There are also concerns about the consistency and fairness of plea deals, as well as the potential for prosecutorial overreach.

How do you know if a case is being built against you?

If if the state you refer to is in the US, you could try calling the local public defender's office for the county where the charges would likely be filed and see if they could run your name and find out if there's a case and/or a warrant out on you.

How to get a case dismissed?

Participate In A Pretrial Diversion Program

In many criminal cases, the defendant can participate in a pretrial diversion program. If they successfully meet the requirements, the court will dismiss their case. In California, there are different types of pretrial diversion programs, including: Drug diversion programs.