Federal Weapons Charges

If you are charged with a federal weapons offense, you want an experienced lawyer to protect your constitutional rights. The penalties for violating federal weapons laws can be severe. Even though the federal sentencing guidelines are no longer mandatory, they are still used by many judges as a baseline for establishing prison terms and other sanctions. When you are charged with a federal weapons crime, the judge will likely consider a variety of factors when issuing a sentence, including:

• Whether you have a criminal history
• How many victims were affected by your crime
• The seriousness of the crime
• In a weapons charge, the type and number of weapons used

Types of Federal Weapons Crimes

Federal statutes provide for prosecution for a wide range of firearms and weapons offenses, including the possession or sale of an unlicensed or illegal gun, firearm or other weapon. You can also be charged simply for being in possession of a weapon, if you are a convicted felon.

Federal law also provides additional penalties if you commit other crimes while using a firearm. These include drug offenses, such as sale or trafficking, as well as armed robbery and assault or battery.

Taking Steps to Protect Your Rights

The first thing you want to do if you have been arrested for violating a federal weapons law is contact an attorney. You will be entitled to a phone call when taken into custody. Use that call to contact your lawyer and request that they come to the police station.

Once you have been taken into custody, you want to exercise all your constitutional rights. You have the right to remain silent—exercise it. Don’t fool yourself into believing that you can explain the offense away. Though you are supposed to be innocent until proven guilty, law enforcement officers will spend more time and energy looking for evidence of your guilt than looking for ways to prove your innocence.

If the police or federal investigators show up at your door, wanting to talk with you, you don’t have to let them in unless they have a valid search warrant. Even if they show you a warrant, you can request that your attorney be present and review the warrant. Don’t let them in your house for any reason without a warrant. If they see evidence that they can reasonably argue gave them probable cause to suspect any type of criminal activity, they can search your home without a warrant.

Contact Our Office

At Laguna Reyes Maloney, LLP, we provide a free initial consultation to every client. To arrange a private meeting with an experienced Pennsylvania federal weapons crime defense attorney, contact us online or call our office at 717-233-5292. Se habla Espãnol.

Deportable Offenses

Under U.S. immigration laws, if you have temporary or permanent residency status, you can still face deportation proceedings if you are convicted of certain crimes. In some cases, when the criminal prosecution begins, the judge may also initiate deportation proceedings, and seek to have you permanently removed from the country. You have the right to fight these proceedings, but you want an experienced lawyer to protect your rights. This blog identifies the types of offenses that may lead to deportation proceedings, as well as some basic steps you should take to protect your rights.

Types of Crimes that May Lead to Deportation or Removal Proceedings

As a general rule, most minor misdemeanors or infractions will not be the basis for a deportation proceeding. Traffic violations, including drunk driving, generally do not rise to the level of offense leading to removal efforts. However, the following crimes can make you a party to a deportation proceeding:

    Drug offenses, such as possession, sale or trafficking, and manufacturing or cultivation
    • Firearms crimes, including illegal possession or sale of a weapon
    • Domestic violence
    • Sex crimes, such as rape, molestation, prostitution or solicitation, or child pornography offenses
    • Violent crimes, including assault and homicide
    • Kidnapping

Taking Steps to Protect Your Rights

When you have been charged with a criminal offense as a green card holder, your first step should be to contact an experienced attorney. You will be entitled to a phone call when taken into custody. Use that call to contact your lawyer and request that they come to the police station.

Once you have been taken into custody, you have certain constitutional rights. The police must notify you of your Miranda rights, which include the right to remain silent, and the right to have an attorney present. It is important that you exercise your right not to talk with police. Even though the American criminal justice system is based on the belief that you are innocent until proven guilty, the police will exert more energy to establish your guilt than to prove your innocence.

If you are merely under investigation and the police show up at your home, you do not have to allow them in, unless they have a valid search warrant. Don’t let them come in if they don’t have one. Anything that they see that they can reasonably argue gave them a suspicion of criminal activity will be the basis for an immediate search, and a warrant won’t be necessary.

Contact Our Office

At Laguna Reyes Maloney, LLP, we provide a free initial consultation to every client. To arrange a private meeting with an experienced Pennsylvania criminal defense attorney, contact us online.

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