Constitutional Issues in a Columbia Gun Defense

Although one has a constitutional right to possess a weapon, the federal government has the ability, through the interpretation of the United States Supreme Court, to place restrictions on the possession of weapons. There are many constitutional issues in a Columbia gun defense, which is why it is crucial that you contact a lawyer if you have been charged with a firearm offense. An accomplished attorney will fight by your side to make sure your rights are being protected.

Second Amendment is not a Sufficient Defense

The Second Amendment allows a person to possess a weapon in certain circumstances. It is not an unfettered rule that allows a person to possess a weapon at a school or at a bank. The government is allowed to put restrictions because the United States Supreme Court has found it appropriate.

There is a constant battle for gun owners and for pro-gun organizations, like the NRA, against many gun laws so that a concealed weapons permit will not be needed. Right now, South Carolina is not an open carry state.

Constitutional Issues in a Criminal Case

The most common constitutional issues in a gun defense in Columbia are violations of the Fourth, Fifth, and Sixth Amendment.

• Fourth Amendment – the Fourth Amendment prohibits unreasonable searches and seizers. If the judge finds evidence inadmissible due to an illegal search and seizure, then the prosecutor is usually going to dismiss the case.
• Fifth Amendment – the Fifth Amendment protects people from being compelled to be a witness against themselves in criminal cases. This allows someone who is being questioned by the police during an interrogation to remain silent so that they do not incriminate themselves.
• Sixth Amendment- the Sixth Amendment gives someone charged with a criminal offense the right to counsel.

What to Look for in a Criminal Defense Attorney

There are several qualities someone should look for in a criminal defense attorney, such as:

• Felony trial experience
• Sucess in felony criminal trials
• Appellate experience
• Argued legal issues before appellate courts
• Sucess in arguing appellate issues
• Involved in the South Carolina Association of Criminal Defense Lawyers
• Excellent testimonials and reviews

It is even a good idea to ask around and get advice from people who have had positive experiences with lawyers and the cases they participated in. Someone facing a gun charge should also see what other kinds of experience and training the defense attorney has had. It can be argued that a person should want an attorney who is solely focused on criminal defense.

If you are facing firearm charges, you need to have an attorney with experience and a thorough knowledge of gun cases. A seasoned lawyer will work to make sure your rights are not being violated by law enforcement. There could be several constitutional issues in a Columbia gun defense case, which is why you need someone who is well-trained in this particular area of the law. Do not waste any more time and call an attorney who can help you.