In Bucks County, gun cases are generally prosecuted by the court of common pleas. That is the trail court level of Bucks County. Usually, all gun cases start at the magisterial justice court level. That is where a person charged with possession of a firearm and/or unlawful use of a firearm begin their proceedings, which is at the preliminary hearing level in Bucks County in the township for where the arrest was made.
Additionally, should a gun charge be held for court or moved on to the higher court of common pleas level, a person would then be scheduled for an arraignment in Doylestown which is the county seat of Bucks County. At Doylestown, the person would be entitled to a bench and/or jury trial for all charges being accused. It is essential to understand the prosecution that you would face during your case with the help of an experienced gun attorney.
In Bucks County, the district courts will often have high bails or treat individuals in harshly. Bails can exceed any cost an individual would need to hire an attorney in Bucks County, and not having a lawyer by the person’s side will often raise the risk that the individual will not appear for court listings.
There are many benefits to having a lawyer in the prosecution of gun cases in Bucks County. Not only does having an attorney allow an individual to potentially mitigate any charges and/or begin preparing for a possible way for acquittal, it also ensures an individual’s right to fight a case outside of being incarcerated while waiting to go to trial.
The prosecution needs to prove in a gun charge case beyond a reasonable doubt all elements required under the Pennsylvania crimes code when dealing with a specific gun charge. Some of those elements require an actual possession of a firearm or constructive possession, that is, possession in a way that a person - whether or not it is on the person - has exclusive dominion and control over such firearm.
Additionally, the prosecution in a gun case must show that they are in fact dealing with a firearm by definition. The firearm in question must be operable and must meet all of the requirements set forth under the sections 6106 and 6108 of the Pennsylvania crimes code. The Commonwealth has the burden of proof on every level depending on the specific charge. It is the defense attorney’s job to attack this burden of proof on any level in order to mitigate a person’s case and develop a defense to result in an acquittal.
The most common evidence that is used when attempting to prove a gun charge in Bucks County is the firearm. Prosecution uses the hard evidence from the firearm, any specific hard evidence on the firearm such as fingerprints, DNA, or gun powder residue. The prosecution also looks for whether or not the firearm had been fired and then compares the evidence to the individual’s charge.
Additionally, eyewitness testimony, video testimony, and testimony from responding police and complainants come into play. The Commonwealth has all the means of attempting to prove their case beyond a reasonable doubt. However, with the right Bucks County gun lawyer, this hard evidence can be challenged when putting up a proper defense.
Allegedly charged individuals do not deal with specific attorneys. Their attorneys deal with district attorneys when dealing with an individual’s gun case. A person’s gun lawyer, rather than the person, has direct contact with any prosecuting party involved in their case.
Additionally, prosecutors generally treat gun cases harshly. Having the right Bucks County gun lawyer in a prosecution helps the person mitigate and challenge the evidence in question.