Proving Maryland Gun Cases

When seeking to discern which avenue of defense may be most appropriate for firearm allegations, a person may need to take into consideration how the State plans on charging them. You could speak to a gun lawyer to understand in what ways authorities may go about proving Maryland gun cases. An experienced criminal attorney could refute any evidence thrown at your way and could build a defense on your behalf.

What the Prosecution Must Prove

When proving gun cases in Maryland, the prosecution must establish that each element of the offense is true beyond a reasonable doubt. First, authorities must prove that the weapon qualifies as a firearm under the statute. If it is a prohibited dangerous weapon charge, they must prove that the weapon qualifies as a prohibited dangerous weapon.

If the person is accused of possessing a weapon, it must be proved beyond a reasonable doubt that the person was in possession, whether actual possession or constructive possession. If the person is accused of illegally owning a firearm, the state must prove the facts and circumstances that preclude them from owning a firearm.

Evidence Authorities Might Use in a Gun Case

A test fire is potentially one of the key pieces of evidence the government could conduct to prove the weapon does qualify. The state could get a certified officer to fire the gun at a licensed range, to show that the weapon qualifies as a firearm under the statute. Other pieces of evidence may include law enforcement testimony, photographs of the scene, and accusations that the person brandished or used a weapon. If the alleged crime was done in a public place, the state of Maryland may try to introduce evidence from surveillance cameras or security cameras to the gun case for the purpose of proving the accused was allegedly in possession of the firearm.

Role of the Prosecutor in Maryland Gun Cases

A prosecutor’s job is to seek justice, which may not always be the same as a guilty verdict. In practice, however, most prosecutors may simply want a conviction. While every prosecutor may be different, a common sense appeal to reason might fall on deaf ears.

The office may have general philosophies and approaches to prosecution, but each prosecutor could bring their own background and their own perspective to the case. Some may be easier to negotiate with and may be more likely to agree to less restrictive or more lenient plea offers. Others may take a harder line and could be less-inclined or disinclined to offer any sort of leniency, and might consider a reasonable plea offer instead of a harsher penalty.

Negotiating with Authorities

A lawyer with an effective professional relationship with the prosecutor, who worked across the aisle from them and has had interactions with them in the past, could be of great benefit to an accused person. While a defense attorney may not typically agree with the prosecutor, they could know how to communicate and interact with the prosecutor to most effectively serve the accused person’s interests. That strategy begins with the first prima facie preliminary conversation with the prosecutor.

In certain situations, it may be better to disclose all the evidence the defense attorney might have in an attempt to have an open discussion with the prosecutor. In others, it may be more effective to keep the information a little closer to the vest and deploy it more strategically in front of the court to attempt to get the court and the judge on the defendant’s side.

Contact a Maryland Gun Attorney Today

Having that experience and knowledge of the prosecutor’s personality and the prosecutor’s professional approach in trying a case can inform the defense attorney’s overall strategy. Speak to a criminal defense attorney to discuss how prosecutors may go about proving Maryland gun cases, and how to proceed with your defense.