Firearm Possession by a Minor
It is no secret that Maryland has extremely strict gun laws for anyone with a prior criminal record. Disqualified individuals face potential mandatory prison time for possessing a firearm after being convicted of a drug felony or a violent crime. Even if a person received probation before judgment for a second-degree assault, he or she may face mandatory jail time for possessing a firearm. Maryland law is also especially tough on minors who are charged with possession of a firearm, as there is an enhanced maximum penalty of 5 years in prison for anyone under the age of 21 who is in possession of a gun. If your son or daughter has been charged with a gun crime call Maryland minor in possession of a firearm lawyer Benjamin Herbst anytime for a free consultation at 410-207-2598. Benjamin specializes in juvenile criminal defense, and has successfully defended hundreds of teenagers and young adults who are charged with gun crimes. He is available 7 days a week to discuss the case and always keeps the defendant’s family informed of all developments.
Under Maryland law, possession of a firearm by a minor is a misdemeanor with a 5-year maximum penalty under section 5-133(d) of the Public Safety Code. This penalty is now the same as the maximum punishment for wear, transport or carry of a firearm under the criminal law code, judges and prosecutors have a tendency to treat these cases more seriously. In Maryland multiple defendants can be charged with possession of the same firearm, and this type of case is far more common with juveniles and young adults. If a police officer conducts a traffic stop and finds a gun in the vehicle there is a high likelihood that all occupants will be charged unless someone takes ownership of the gun. We have seen numerous cases where as many as four individuals were charged with possession of one single firearm, but just because a juvenile or young adult is charged does not mean the case will hold up in court. Benjamin is well versed in the constructive possession laws in the state of Maryland and does not hesitate to take cases to trial when he believes the state can’t prove its case. After all, it is the government’s burden to prove possession and never a defendant or respondent’s burden to prove innocence. The state must prove knowledge and some sort of control over the firearm, as being in close proximity without additional evidence is not enough to sustain a conviction.
There are a variety of defenses that may be used in this type of charge, including arguing that the search or seizure of the defendant was unlawful. In police did not have probably cause to conduct a search or reasonable suspicion to conduct a traffic stop that lead to the search an experienced lawyer may be able to argue for all the evidence to be thrown out. Additionally, if statements about a gun were given prior to the defendant being read his or her Miranda rights, the statements and any evidence recovered from the statements may be suppressed. Under Maryland law a minor under the age of 21 may possess a firearm while under the supervision of an adult who is lawfully permitted to possess guns, and this would be an absolute defense to prosecution.
Benjamin Herbst handles juvenile criminal cases in all Maryland jurisdictions including Baltimore County, Harford County, Frederick County, Montgomery County and the entire Eastern Shore. He has successfully represented juveniles and adults in all 23 counties in the state and of course in Baltimore City. Benjamin will fight to keep your child or dependent’s record clean so a charge such as firearm possession does not hold him or her back from achieving future success. Maryland firearm possession by a minor attorney Benjamin Herbst has the experience and knowledge to achieve the best possible outcome, and is always available via cell phone to his clients and their families. He fights for the release of clients held without bail on gun crimes, and for the transfer of cases from adult court to juvenile court for 16 and 17 year old defendants who were charged as adults under Maryland law. In addition to handling gun possession charges, Benjamin also has extensive experience representing clients facing charges such as dangerous weapon possession, possession of a weapon on school property, armed robbery and use of a firearm in a crime of violence. All clients have access to speak directly to Benjamin on nights and weekends, and he always keeps his clients informed of the progress of the case. He offers flexible payment plans and understands that criminal charges are not something that a family ever plans for. Contact Benjamin at 410-207-2598 to learn which defenses may be available in your case today.
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