Individuals who are charged with gun, firearm and other weapon violation in Pennsylvania face serious consequences. In order to defend these charges, individuals need the best defense, and it is important to talk to an experienced Philadelphia criminal defense lawyer.
Firm partner, David S. Nenner, has written PA gun and firearm criminal legal articles which discuss the charges and related issues. This legal library is for information only and is not a substitute for legal advice.
In order to best understand your rights, call “Top Rated Philadelphia Criminal Defense Lawyer in Philadelphia, PA” David Nenner who always offers FREE initial consultations. 215.564.0644
- Constitutional Rights in Philadelphia Criminal Drug & Gun Cases – The 5th Amendment Many guns and weapons charged are coupled with other crimes such as drug dealing. This article discusses how the 5th Amendment comes into play in gun and drug cases. The 5th Amendment prevents the government from forcing citizens to give a statement or otherwise testify at any proceeding or trial. In general, 5th amendment issues arise after arrest and during investigation. Read more here.
- Vehicle Stop & Seizure in Criminal Drugs/Guns Cases in Pennsylvania In Philadelphia guns/firearm and drug cases, oftentimes the guns and drugs are found in a vehicle stop and search. Individuals have a constitutional right to be free from unreasonable searches and seizures. When this right is violated, defendants may file a motion to suppress the gun and drugs found during the stop and seizure. Read more here.
Serious Consequences and Prison
If convicted at trial for gun, weapon and/or other violent crimes, defendants face serious punishments. In 2013, the U.S. Supreme Court made significant changes to sentencing laws in drug-gun cases. Prior to 2013, a prosecutor in a Philadelphia gun or firearm case involving drugs was only required to provide notice before sentencing that the prosecutor’s office intended to seek the mandatory minimum sentence. Prosecutors only had to prove by a preponderance of the evidence that the defendant possessed a gun to a judge.
The Supreme Court held that proving the sentencing factor by any standard less than beyond a reasonable doubt to a judge and not a jury was unconstitutional because it violated the defendant’s 6th amendment right to a jury trial.
This changed the lives of many convicted defendants who were serving the mandatory minimum sentence of 5-10 years. Cases were appealed and the defendants were able to be resentenced.
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