Seminole County Carrying A Concealed Weapon Defense Lawyer
If you have been charged with carrying a concealed weapon in Seminole County please contact Chris S. Boatright, P.A. at 407-740-8300 to discuss what options may be available to get your carrying a concealed weapon charge dismissed or reduced. One way to get your carrying a concealed weapon charge dismissed is by completing a Pre-Trial Diversion program. Not every carrying a concealed weapon case is eligible for a Pre-Trial Diversion program.
Former Carrying A Concealed Weapon Prosecutor
As a former prosecutor Chris has an understanding of what can be important to the prosecutor in your Seminole County carrying a concealed weapon case. It is important to understand how the other side works. Chris uses this understanding to determine what needs to be done to get the best possible outcome in your carrying a concealed weapon case.
Seminole County Carrying A Concealed Weapon Defense Lawyer Since 1999
Chris has been defending individuals in Seminole County charged with carrying a concealed weapon since 1999. Being an Seminole County carrying a concealed weapon defense lawyer for so long has given Chris the opportunity to spend a lot of time working with the judges and prosecutors in Seminole County that handle criminal cases like yours. Experience dealing with those judges and prosecutors is important in achieving the best results in your carrying a concealed weapon case.
Different Seminole County Loitering Or Prowling Defense Lawyers Get Different Results
When you have been charged with carrying a concealed weapon in Seminole County you need an aggressive, experienced, and knowledgeable lawyer like Chris to defend you. A criminal conviction will stay on your record forever, therefore, it is important to be represented by the right lawyer. The better prepared you are for your court appearance the more likely it is you will get a favorable outcome. The best results possible are rarely obtained by just hoping for them. Get the help you need at Chris S. Boatright, P.A. to get the best results possible.
Information About Seminole County Carrying A Concealed Weapon Charges
DEFINITION OF POSSESSION
Possession of a weapon may be actual or constructive. Actual possession means the weapon is in the hand of or on the person, or the weapon is in a container in the hand of or on the person, or the weapon is so close as to be within ready reach and is under the control of the person. Mere proximity to weapon is not sufficient to establish control over that weapon when the when is not in a place over which the person has control. Constructive possession means the weapon is in a place over which the person has control, or in which the person has concealed it. If the weapon is in a place over which the person does not have control, in order to establish constructive possession the State must prove beyond and to the exclusion of every reasonable doubt the person’s control over the weapon, knowledge that the weapon was within the person’s presence and knowledge of the nature of the weapon.
Evidence
In order for the State of Florida to prove you committed a crime, the State need’s evidence. Normally, the law enforcement officer’s report contains a statement of the evidence against you. However, there may be other evidence in your case which the law enforcement officer failed to document in the report. It is essential for you and your attorney to review all of the evidence in your case before preparing your defense. Some important questions are:
- Where was the weapon located?
- How many people had access to where the weapon was located?
Constitutional Rights
The United States Constitution and the Florida Constitution both guarantee that people be free from unreasonable seizures and searches. An unlawful stop and/or seizure may cause evidence in your case to be inadmissible. An unlawful search in your case may cause evidence to be inadmissible. The United States Constitution and the Florida Constitution both also guarantee that people be free from self-incrimination. If your privilege against self-incrimination was violated evidence in your case may be inadmissible. Some important questions to consider are:
- Were you stopped and/or seized for a lawful reason?
- Did the police officer have the right to search your person, property or vehicle?
- Were you read your Miranda rights?
Seminole County Carrying A Concealed Weapon Penalties
A conviction for a carrying a concealed weapon can result in many different penalties. It is important for you to know what penalties you may be facing for a carrying a concealed weapon charge. Carrying a concealed weapon is a first-degree misdemeanor punishable by a maximum of 1 year in jail and/or 1 year on probation and/or a $1,000 fine. Some other penalties for a carrying a concealed weapon conviction may include:
- Time in Jail
- Probation
- Community Service
- Fines
- Cost of Investigation
- Cost of Prosecution
- Court Costs
Pre-Trial Diversion
Seminole County Carrying A Concealed Weapon Pre-Trial Diversion Program
This is a deferred prosecution program for carrying a concealed weapon charge for selected individuals. This program is offered by the Office of the State Attorney and supervised by Seminole County Community Corrections. Successful completion of the Seminole County Misdemeanor Pre-Trial Diversion Program will result in the dismissal of your carrying a concealed weapon charge by the Office of the State Attorney.
Eligibility
- You must have no prior sentence, conviction or dismissal for a similar charge, no prior felony convictions, no prior convictions for charges ineligible for diversion, and no prior adult diversion/deferred prosecution programs.
- You must be a legal resident of the United States.
- You must have no more than one prior misdemeanor conviction.
- Your charge(s) must have no more than $1,000 in restitution.
- You must be approved by the Office of the State Attorney.
Program Details
- Program length is 12 months
- Program cost is $600
- Program intake fee is an additional $20
- Program drug testing fee is an additional $17
- Program phone reporting fee is an additional $6-$7 per month
- Program Office of the State Attorney fee is an additional $100
- You must perform a minimum of 40 hours of alternative community work service
- You must obtain a substance abuse evaluation and complete any recommended treatment.
- Participate in random observed urine screens.
- You are responsible for any additional costs for classes and evaluations.
*Program fees and costs are subject to change without notice*
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