Columbia Gun Arraignments

When someone has been arrested on a weapon charge, they will typically face an arraignment. An arraignment is when the defendant is called before the court to hear the charges and enter a plea. If you have been charged with a gun offense, retain a professional defense attorney who will work on your side during a Columbia gun arraignment.

What Judges Evaluate in Columbia Gun Arraignments

Although it is unlawful to carry a pistol on the state level, the accused is most likely going to get a bond if it is only a gun offense. This could change depending on whether it is a drug trafficking case, an armed robbery, kidnapping, or they had possession of the weapon during the commission of the offense. Those are the things that change the likelihood of the defendant receiving a bond.

Depending on whether the accused is in federal court or state court, the results of an arraignment can vary. The judge considers factors such as if the accused is a flight risk, and if the bond amount reasonably assures the person’s appearance in court, and if they release the person from jail would that pose an unreasonable danger to the community or to a specific person.

Being Considered a Danger to the Public

Depending on the gun charge, an individual could be considered a danger to the public by the court. If they were in possession of a weapon during the commission of the offense, then they would be considered dangerous. A case where a gun was used in a crime and a prior criminal record versus just gun possession are important indicators that they would more likely be considered a danger to the community by the judge.

The court will review their prior criminal record and if the person does not have one, the attorney will try to convince the court that the person poses no risk or harm to the public because they have never been in trouble before. If the court feels there are no other past indicators to show that they would pose any danger to the community because of this one isolated incident, they will set a reasonable bond for them.

Flight Risk Associated with Gun Charges

Flight risk would mean that a person might not show up for court and flee from prosecution or run away in order to avoid having to face the charges. When considering a person’s bond and whether they could be a flight risk, the judge looks at:

• The person’s ties to the community
• Whether they are a lifelong resident of South Carolina
• Whether their family all live here
• Their financial means

Having financial means would make a flight risk much higher than somebody who is declared indigent and represented by the public defender’s office and does not have transportation.

How a Gun Attorney Can Help

A person seeking gun law information needs the counsel from someone who has training and experience in defending these laws or charges related to them in order to provide the best defense in the case. An experienced attorney will defend their liberty and freedom to own a gun and could present the best defense possible based upon what the law is and what the nuances of the case are. Call today to see how a lawyer could help in the legal process involving Columbia gun arraignments.