Rhode Island Gun Defense Lawyers
Gun crimes are considered very serious offenses in the state of Rhode Island. If you have been charged, it is important to quickly hire an experienced Rhode Island criminal defense attorney.
It does not matter if you have been charged with simple possession of a gun or possession of a gun while distributing, trafficking or manufacturing a controlled substance or possession of a firearm after a crime of violence. In any of these cases, a conviction could result in serious penalties, including a jail sentence. To successfully defend a gun charge, you will need a Rhode Island defense attorney who is highly experienced and knowledgeable in all of the possible defenses to a gun crime.
You need a criminal defense lawyer if any of the following apply:
– If you have been arrested and charged with a felony gun offense.
–If you have been given notice that the Attorney General has signed an Information against you.
– If you have been arrested but given no court date, you need a gun defense lawyer because the court date could be coming soon.
– If you are under investigation by state or federal law agencies for a gun charge.
– If you feel that you may be the target of a gun investigation.
Contact Manosh Payette, LLC immediately to discuss your gun charge.
Fourth Amendment- Bad Search
Every person has the right to be free from unlawful searches by the police. Our attorneys have argued Rhode Island Fourth Amendment law in every Court of this State- all the way to the Rhode Island Supreme Court. Every gun case should be carefully analyzed to determine if there are legal defenses to the charges. A successful Motion to Suppress the evidence often results in a dismissal of the case, so it is crucial to work with an attorney who has extensive experience litigating these important cases.
- How do they prove possession?
The State must prove that you had possession of a gun. It does not need to prove that the gun was in your hand or in your pocket- they only need to prove that you had constructive possession, and more than one person can have constructive possession of one gun. This is most commonly charged when a car is pulled over and the police discover a gun in the center console or under a seat.
Do the police need a search warrant?
The law requires that the police get a search warrant before they conduct a search. BUT, like most things in criminal law, there are many exceptions to this rule. For example, the police do not need a warrant:
- If someone gives them consent to search.
- If the evidence is in plain view of the police officers.
- If the property has been abandoned.
- If the evidence is located during a search incident to arrest.
- If the police find the evidence during an inventory search.
- If the police argue that they had exigent circumstances that precluded the application for a warrant.
It is very important to remember that all of these exceptions are fact-specific (meaning every case will be different) and that there is a lot of case law that explains when the police can claim an exception. Our attorneys have litigated every single one of these types of exceptions and have argued hundreds of Motions to Suppress in the Rhode Island Courts.
These cases are complicated and the penalties can be severe. Call Manosh Payette, LLC to explore every legal defense available to you because your future deserves the best defense.