Society has no tolerance for those who use a gun during the commission of a crime. Regardless of one’s opinion on the right to bear arms, it must be understood that Kentucky has strict laws dealing with firearm-related offenses. If you are charged with such an offense then you can expect prosecutors to pursue the matter aggressively and for the Judge to have little leniency in the event of a conviction. Such a conviction can mean prison time, having a permanent criminal record, disqualification from employment, and other penalties. If you have been arrested with a gun then it is crucial that you contact an experienced criminal defense lawyer. Will Corrigan is a Louisville attorney who has been in practice since 2009. Will devotes his practice to protecting the rights of the accused and he is ready to assist you. Contact us today to schedule an initial consultation.
Louisville lawyer handling cases involving felons in possession of firearms
Both Kentucky and the Federal Government have laws dealing with the possession and use of guns. Simply possessing a firearm after having been convicted of a felony will violate state law and may also violate U.S.C. 922(g). Simply carrying a concealed weapon, without a CCDW permit, will result in Class A misdemeanor charges. If one has been convicted of a prior felony or domestic violence, simple possession can result in enhanced charges and penalties. Also, using a firearm during the commission of another crime can result in enhanced charges for that offense as well as charges for the use of a gun.
The first step in a felony case will be arraignment in District Court followed by a “probable cause” hearing. This hearing determines whether there is enough evidence for the defendant to be charged with that particular crime. This is a low standard. The case will then proceed to the Grand Jury. The case will be handled in Circuit Court after an Indictment is issued by the Grand Jury. If the defendant is still in custody, we will demand a bond reduction hearing. These types of matters may involve a firearm which law enforcement found due to a violation of the defendant’s Fourth Amendment rights against an unreasonable search or seizure. If the Court finds that the police unlawfully obtained the gun then, under the right circumstances, the charges may be dismissed. Should the case proceed to trial then it is the prosecution’s burden to prove that the defendant actually possessed the gun and that they did so knowingly and intentionally. The issue of guilt or innocence will be decided by the jurors. These types of matters involve many complicated issues and it is important to retain an attorney experienced in such cases.
Will Corrigan is a Louisville lawyer who is licensed in both state and federal court. Once retained, our firm will immediately obtain the police reports and other relevant evidence. If Will believes that your Fourth Amendment rights were violated, he will file a Motion to Suppress with the Circuit Court. He will aggressively cross-examine the arresting officers during the evidentiary hearing and will argue that the firearm should not be admitted into evidence. Should a trial be necessary then we will ensure that you know what to expect from the process and are prepared to move forward. Our firm will be in regular contact with you throughout the process. This includes Will providing you with his cell phone number, prompt returning of your phone calls, texts, and emails and making sure that we are available to answer your questions. We understand that you are facing a serious situation and we will take it seriously. Contact us today.
Attorney handling federal gun charges on behalf of Kentucky defendants
Not all attorneys are licensed in federal court. It is important to understand that, if you face federal charges, you are being prosecuted by the U.S. Department of Justice. This means that you are potentially subject to the federal sentencing guidelines and that your case will be decided under the federal laws of the United States and not those of Kentucky. Will is licensed in both Kentucky’s Eastern and Western Districts and is able to assist those facing federal charges. We look forward to assisting you.