Defending Gun Charges in Indianapolis
they found a gun in the car...
I've defended numerous cases involving illegal possession of firearms and they are some of my favorite cases to defend. This is because, by their very nature, gun charges often implicate our basic rights to possess firearms, defend ourselves as free citizens, and to be free from unreasonable searches and seizures. These are your rights and mine, and they are worth protecting.
Possession of Firearm/Carrying a Handgun Without a License: What You Need to Know
Can the State Prove it?
Whether we are talking drugs or guns, these cases generally ask whether the government can prove that you were in knowing "possession" of an item prohibited by law. Under Indiana law, there are two ways to prove possession of something. Firstly, the State may seek to prove "actual possession" by showing that an accused person had direct physical control over a prohibited item. However, the State may also make it's case by proving that an accused person had "constructive possession" of something beyond a reasonable doubt. To make a case for constructive possession, the State must show that a defendant had both an intent as well as the capability to maintain dominion and control over the contraband item. This is obviously a much harder case for the government to make. What if there are multiple people found near the guns or drugs? What if there's only one person found with the drugs but the State cannot show that the defendant knew the drugs or gun were there? These cases are all unique and complex in their own way. At the Law Office of Jesse K. Sanchez, your attorney will know how to analyze the case to determine what evidence the State really has against you. For a more information don't hesitate to CONTACT ME.
Suppress the Evidence
Be Aware that You Might Have a Valid Argument to Suppress Evidence
While arguments to suppress evidence are often quite complicated, all "motions to suppress" essentially claim that the rights of the accused person were violated in some fundamental way and, therefore, any evidence gained from the violation should be excluded from evidence or "suppressed."
It's a controversial technique, because it can take evidence that makes a defendant look "obviously guilty" and get it thrown right out of court. But, the idea here is to deter police misconduct. And, this is exactly what the 4th Amendment of the U.S. Constitution demands in it's guarantee when it states that: "The right of the people to be secure in their persons, houses, papers, and effects, against unreasonable searches and seizures, shall not be violated, and no Warrants shall issue, but upon probable cause, supported by Oath or affirmation, and particularly describing the place to be searched, and the persons or things to be seized." What's more, under the Indiana Constitution, Article I, Section 11, citizens are protected by even stronger guarantees.
So, was there probable cause for the search warrant of your home? Did the officer have the right to search your vehicle? Did the officer have the right to stop you at all? These are the kinds of questions we ask in a suppression case. To learn more about a potential suppression in your case, CONTACT ME.