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How to Beat a Gun Charge in Illinois
When we say that the state of Illinois has the most stringent gun control laws in America, we mean it. So strict are the rules that it is almost impossible to own any kind of firearm without a Firearm Owner’s Identification Card. If you are arrested without having this card, you will be charged with a Class A misdemeanor.
More serious charges can be leveled against you if you break one of the following rules:
- You possess a firearm 100 ft within a school, public housing project, or a courthouse
- If you are robbed or hooded while in possession of an illegal gun
- You are arrested with a gun in a business premise that sells alcohol
Whatever the gun charge leveled against you by the police, you can rest assured that our criminal defense lawyers will fight for you. We use several strategies to beat a gun charge in Illinois, and some of them have been described below.
Strategies to Beat a Gun Charge in Illinois
Challenge the Police Search
We would use this strategy if the gun was found during a police search when they stopped your vehicle. We question whether the police had a reasonable suspicion to pull you over. If there was no reasonable suspicion, your constitutional rights were violated, and the resultant gun charge should be dropped.
Challenge the Warrant
To successfully use the strategy, we first have to prove that the search warrant was unconstitutional. One way to do this is to prove that there was no probable cause for issuing the search warrant in the first place. If we can prove that the search warrant was unconstitutional, then any evidence found by the police becomes null and void.
Another strategy is to challenge the scope of the search warrant. For example, if the warrant indicates that the search was to be done in a house, but the gun was found in a garage, then that’s outside the scope of the warrant.
Challenge Your Consent to Search
We can challenge the consent if it was not out of free will. This is because consent should not be through coercion. If we can prove lack of consent, then the resultant gun charges can be dropped.
When stopped by the police, invoke your fifth amendment right to do not incriminate yourself.
Call a Gun Charge Criminal Lawyer
Every citizen has the right to enjoy the Fourth Amendment. This amendment protects people from unreasonable searches by the police. If your fourth amendment was violated, and the gun was found in your possession, do not hesitate to call our Chicago Trusted Attorney’s® office by dialing 312-519-3171. With us, you are assured of the best possible outcome of your case.