2nd Mar 2015

The Second Amendment allows the constitutional “right to bear arms” yet there are limitations on such a right.  There are constraints governing firearms such as they cannot be illegally concealed from view, possessed by a convicted felon, carried in an establishment that serves liquor or discharged in public.

A person accused of a firearm allegation may have apprehensions and uncertainties as a police/citizen encounter ensues.  If that person feels that they did not have a specific, criminal intent to commit a “firearm” crime, they may feel that it is proper to speak to the investigating officer and try to talk their way out of the criminal allegation.  When it comes to defending a firearm possession charge in Miami, some people accused may ponder if they should just go ahead and talk to the police during the investigation.

While many police officers can be professional, make no mistake about it, they are not there to defend a person.  A person under police suspicion should absolutely want to safeguard their constitutional rights so that evidence does not unnecessarily develop.  Investigating police are operating on their perceived “probable cause to arrest” which is very different from having an intention to defend a person.  Police may show disappointment or disdain towards a person “lawyering up” but the situation calls for prudent legal strategies…not being in the good graces of the investigating officers.

As soon as somebody is the subject of any allegation, including a firearm case, they should always seek advice from a qualified and experienced criminal defense attorney.  When defending a firearm possession charge in Miami or other areas of South Florida, it is essential to first seek counsel from a qualified criminal defense attorney so as not to jeopardize your situation.  Never make any oral or written statements without first consulting with an attorney.

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