FIREARM OFFENCES
We have experience with numerous scenarios of gun charges, including clients who made their own guns; clients who were alleged to have stolen guns, clients who were alleged to have used guns to intimidate, to commit robbery, clients charged with improper storage of firearms or ammunition or both; clients charged with using guns in a robbery or an assault; clients charges with threatening kids with a gun; clients charged with defending themselves with a firearm.
Often the offence is simply storing the gun or ammunition improperly. In every case that has a gun involved, the penalty for the offence is high. If you are charged with a gun offence the prosecutor will be seeking jail time. This includes those cases were there was just a b-b gun or pellet gun involved. A pellet or b-b can be classified as a firearm if it the projectile fires at sufficient speed. If it does not fire at sufficient speed the charge will likely involve an "imitation firearm" which also carries significant penalties, and for which the prosecutor will likely pursue significant jail time.
These cases, like drug cases, will often come down to how the gun was discovered and seized. The police frequently do not follow the rules, that they know that they ought to follow, when seizing and searching for guns. Their main concern is seizing the gun, rather than whether or not they have the lawful authority to seize the gun or ammunition.
SILENCE IS YOUR RIGHT AND SILENCE IS YOUR SHIELD
You have heard that you have the right to remain silent. You do have the right to remain silent and you should use that right. This si the most important piece of legal advice that you will ever get and it is fee. Never provide any information to a police officer.
Understand that nothing you say will be used for your benefit. It will only be used against you. Usually the police tell you that anything you say can and will be used against you in a court of law..
If the police are talking to you it is because they want to get you to say something that they can use. If the police are talking to you they want you to talk because they need you to say something. Don't.
The only thing that you should ever say to a police officer is: "I want to talk to my lawyer. I have nothing to say to you." Say this and only this over and over and over.
