Somerset County Gun Case Process

The Somerset County gun case process depends on the charges someone is facing. Whether they have been charged within the district court  or circuit court could also potentially impact the way the case is handled. Generally, if they have been charged in circuit court, the process from start to finish should not take much more than five or six months. If the person has been charged in district court, the process could be completed in as little as four months.  To learn more about how the criminal case process could potentially impact the outcome of your case, contact an experienced firearm lawyer.

Role of the Accused in a Gun Offense Case Process

It is important for the person to bring all of the paperwork that they have received from the state or the police before their attorney could begin their Somerset County gun case process. The first meeting with the client is not going to be very productive if they do not have that information.

It can be critical for a lawyer to see exactly what the person is charged with so that they can explain the charges, the maximum penalties, and the elements of each one of those offenses. It is important for people to know that at the very beginning.

What Should the Accused Bring to Speak with a Lawyer?

Any paperwork that is related to the firearm that the accused has could also be helpful to their case. If talking about someone who legally purchased and possessed a firearm, then they would want to be able to have copies of all the paperwork related to their application, their background check, and their purchase of those firearms. That would be very important paperwork to have.

Sometimes people will have received a search and seizure warrant, which is the basis for police officers coming in and searching their home, for example. Any paperwork that is related to a search and seizure warrant is important, too. The person should have been provided with an inventory form that explains exactly what was removed from their home and an attorney would want to review that initially with the client, as well.

What Does the Prosecution do in Court?

The Somerset County gun case process includes something referred to as the burden of proof. In firearm offense cases, the state has the burden of proof to provide supporting evidence for each one of the elements of that crime. It is the state that has the burden to prove their case beyond a reasonable doubt.

Sometimes it is not necessary for a defendant to have to lay the particular defense because the argument for the defense is the state has not proven beyond a reasonable doubt what they have charged.

If the state does have proof to support all of the allegations, then it is important at that time to start looking at other types of defenses, like did the client do these things, did the police charge the wrong person, or are there some other type of defenses that might apply.

Likelihood of Excluding Evidence

When beginning the Somerset County gun case process, it could be critical for you to know how to argue a case that can combat the state’s evidence. An attorney may want to establish any violations of the defendant’s constitutional rights in order to remedy the exclusion of that evidence. If a judge decides that certain evidence must be included, it may make it impossible for the state to proceed on the case.