Last Updated: May 3rd, 2022 at 8:20 pm
Read Time: 5 Minutes
If you receive a gun charge in Florida and have an upcoming court date, you must hire a criminal defense attorney immediately. The courts take weapons charges very seriously, and you need a lawyer on your side fighting to protect your rights. Whether it is a 1st time gun charge, or you are a repeat offender, there is hope that you may be able to have your charges reduced. However, you need representation from the best legal team.
To receive the best defense for a gun charge, contact criminal defense attorney Matt Shafran at Weinstein Legal. Mr. Shafran is an experienced attorney with years of experience who knows how to navigate the legal system. As a former prosecutor, he knows how the opposing side will attempt to convict you. This puts you one step ahead. Remember, you never have to speak to law enforcement or investigators without an attorney present. You have the right to remain silent at all times. Always request a lawyer before any questioning at any point during your case.
How Much Is Bail for Gun Possession?
One of your rights when facing any criminal charge is protection against excessive bail amounts. What this means, is that unless the courts rule that you should remain imprisoned without the option of posting bail, the cost cannot be more than you are reasonably expected to be able to pay.
However, the amount of bail a judge sets will depend on a variety of factors. Such factors include whether you are facing misdemeanor or felony charges, whether you are facing a 1st-time gun charge or are a repeat offender, whether your charge is a violation of probation, and whether or not you used the gun while committing another crime such as burglary or assault.
The more severe your charges are, the higher you should expect bail to be. The courts may also hold you without bail, meaning that you will remain in jail until your trial begins. Additionally, a judge may release you on your own recognizance until trial, meaning that you will not have to pay a thing for release.
The courts will set bail at your arraignment hearing. An arraignment hearing typically takes place 48- to 72-hours after your arrest.
If you do not have enough money to pay your bail for a gun charge in Florida, you may contact a bondsman. A bondsman will charge a fee that is a percentage of the bail amount and post the rest under the condition that you appear at your next court date.
The courts may also provide you with the option of a property bond, which is where you post the title to your house or assets to cover cash you do not have available. If you do not appear at your next court date, you may forfeit the right to the title of your home.
Probation for a Gun Charge in Florida
Many individuals worry that they are sure to face jail time after receiving a gun charge in Florida. However, this is not always the case. Particularly if it is a 1st-time gun charge, and you have an otherwise clean record. Additionally, if you receive charges for a non-violent gun crime, your chances of receiving probation instead of jail time are even better.
However, you need an experienced lawyer to fight for you. An attorney who will tirelessly to build your defense case and show the courts why you should not be imprisoned. Having character witnesses, being gainfully employed, and having responsibilities within the community can significantly help your case. A lawyer will know how to present these things to the courts in the most effective way to increase your chances of receiving probation.
Misdemeanor Gun Charges vs. Felony Gun Charges
Another misconception that many individuals have is that all gun charges in Florida are felony charges. In fact, some are misdemeanors. While this may not spare you from having a criminal record, it will make your future much easier. For this reason, if you are facing charges for a felony gun charge in Florida, it is essential that you hire an attorney. It may be possible to have your charges reduced.
Being a convicted felon will follow you around for the rest of your life, making it challenging to find employment and housing. Additionally, you may lose your right to own or carry a firearm in the future as the result of a conviction.
However, misdemeanor charges do not have such serious repercussions. With a misdemeanor charge, you may not face any jail time at all, and you will not lose your right to own a gun.
How Much Jail Time Can You Get for a Gun Charge?
How much jail time you will face for a gun charge depends on many of the same scenarios as what your bail will be. Whether it is a 1st-time gun charge, a repeat offense, a misdemeanor, or a felony charge are all taken into account by the courts. Sentencing is at the discretion of the judge, so you must have an aggressive lawyer to fight your case.
Whenever you are charged with a crime, felony or misdemeanor, you can face the possibility of probation and/or incarceration. There are ways to work out negotiated settlements where you do not go to jail or are placed on probation. However, if you are a repeat offender, are facing felony charges, or your gun charge accompanies another violent crime, you can face up to 25-years in prison, depending on the circumstances specific to your case. With so much to lose, you must hire the best attorney for your defense.
Hiring an Attorney
If you are facing a gun charge in Florida, whether it is a misdemeanor or a felony, contact Weinstein Legal today and ask for Florida weapons and firearms offense attorney, Matt Shafran. Mr. Shafran will begin working on your case right away to give you the best case in court and attempt to have your gun charge reduced or dismissed by a judge.
Weinstein Legal offers free case evaluations with no obligation. Call today at 888-626-1108 to get started building your defense.