Montgomery County Gun Arrests
The most common way Montgomery County gun arrests are made is when a person is investigated for something completely different and the gun becomes the focus of the investigation. To begin planning your defense, it could be critical to speak with a seasoned firearm lawyer about the details of your arrest.
Arrest Process in Montgomery County
The police officer approaches the vehicle to write a citation for the violation and sees that the individual has a gun in or somewhere near the car, or in their possession.
The person might own or possess the gun completely lawfully but did not take the proper measures to transport or store the gun in accordance with Maryland law. They find themselves in criminal trouble because of their carelessness.
Outlining Booking and Charging procedures
The process of Montgomery County gun arrests begins with probable cause being established. The accused is then taken into custody and placed into that hold for processing. When a person is in custody and is being processed, the officer drafts the charging document.
Determinations are usually made by a commissioner as to whether the person is granted a bond and released upon satisfying the conditions of the bond. The commissioner may choose to move the decision about bond to a judge. The judge has an opportunity to review the bond at a hearing date in the future.
What Must Law Enforcement Prove in a Firearm Case?
Montgomery County law enforcement can arrest a person the moment they establish probable cause to place the person under arrest. Probable cause is a standard that exists only in the police officer’s mind and is based on the officer’s training and experience to believe that criminal activity took place. When that happens, an officer can charge somebody.
Their decision to charge a person is a judgment call the officer makes based on the facts and circumstances before them. For any gun situation where the officer believes there is a violation, they make a criminal charge because of the public safety issues associated with guns.
Gun safety is a central focus of law enforcement, especially in Maryland and Montgomery County. Law enforcement is discouraged from giving people a break, even for the most innocuous gun violations.
Role of Gun Registration
Guns in Maryland are typically not registered with any specific entity. There are no registration requirements within the state, so it is not a central concern of police officers. The central concern of a police officer is whether there is a gun on a person’s body and whether they have a valid concealed carry permit for it.
If the person has no concealed carry permit and the gun is in the person’s vehicle; it must be properly transported within the confines of Maryland rules and regulations. If the officer sees a violation of those things, the person is charged with it criminally.
Role of the Accused During Montgomery County Gun Arrests
A person should know that they have the right to an attorney and the right to remain silent when they are arrested by law enforcement. They should not feel compelled to answer an officer’s question. They should politely request counsel and indicate to an officer that they will not answer questions until counsel is present.
Officers respect that and understand a person’s request for counsel. They appreciate the fact that a person does not lie to them or give them the run around; but instead remains silent and exercises that right to remain silent until they have counsel present.
When to Contact Legal Counsel
After being arrested, a person can contact an attorney from jail; usually when the officer affords them the opportunity to do that. A person contacting an attorney from the jail happens after booking or during the booking process.
Many officers extend the courtesy of allowing the person to look in their phone for an attorney’s phone number if they retained one or even look through a phone directory to find and retain counsel.
An individual might be given an opportunity to speak to an attorney, but does not have access to that information right away. When that is the case, the person can simply indicate to the officer that they wish to remain silent until they have an opportunity to figure out who is going to represent them.
In cases involving Montgomery County gun arrests, the accused is likely to reach out to friends or family members who are not incarcerated to get a referral for an attorney.