Facing a DUI arrest is stressful enough, but things can get much worse when a firearm is involved. In Glendale, while it’s perfectly legal to own and carry a gun, combining gun possession with DUI charges can bring serious consequences.
If you ever find yourself in such a situation, knowing how to respond can make all the difference. Here’s what you should do if you’re caught with a firearm during a DUI arrest in Glendale.
Stay Calm and Silent
The first thing you should do after being pulled over is to stay calm. It’s easier said than done, but staying level-headed can help prevent you from making your situation worse.
When officers approach your car, they’ll likely ask you a series of questions. You might feel the urge to explain your side or talk your way out of the situation. Resist that temptation.
Instead, politely inform the officers that you’re invoking your right to remain silent and would like to speak with an attorney. There’s always the option to inform the police officers that you wish to consult the law office of John Phebus.
You don’t have to give detailed answers beyond providing your identification and proof of ownership if requested. Anything you say can be used against you later, and even innocent comments could be misunderstood or twisted into something harmful.
Know the Charges You’re Facing
When you’re dealing with DUI and gun possession charges, the situation becomes more complicated than a typical DUI case. Both DUI and gun possession charges are serious on their own, but together, they can lead to even more severe penalties.
DUI charges in Glendale range from misdemeanors for first-time offenders to felonies for repeat offenders or when there’s an injury involved.
Gun possession charges can also vary. If you legally own the firearm, the charge might stem from carrying it while under the influence, which could raise safety concerns. But if you have a prior felony or aren’t legally allowed to possess a gun, then the penalties can escalate even more.
In some cases, the combination of these two charges can lead to felony convictions, which come with harsh consequences like significant fines, jail time, or even a suspension of your firearm ownership rights. It’s crucial to know the specifics of your case and the potential outcomes.
Contact a DUI Defense Attorney in Glendale
One of the first things you should do after your arrest is contact a skilled DUI defense attorney in Glendale. Facing both DUI and gun possession charges is not something you want to handle alone. Having someone who understands the legal system and how to defend against these types of charges is essential.
A good attorney can assess your case, review the evidence against you, and help you develop a solid defense strategy. They’ll also look for any inconsistencies in the way your case was handled—like improper police procedures—that could work in your favor.
For example, if the officers mishandled your arrest or didn’t follow the correct protocol, your attorney might be able to get the charges reduced or even dismissed.
Your attorney will also fight to protect your gun ownership rights, as a conviction could result in losing the right to own or carry firearms. In Glendale, prosecutors often push for harsh penalties in cases where guns are involved, which makes having an experienced lawyer on your side even more important.
Start Gathering Evidence
Collecting evidence is a critical part of building your defense. The more evidence you can gather, the stronger your case will be. Here’s what to focus on:
- Documentation of Firearm Ownership: If you own the gun legally, gather any proof of ownership, such as purchase receipts, registration papers, or permits.
- Witness Statements: If anyone witnessed your arrest or the events leading up to it, their testimony could help your case. Get in touch with them and ask them to provide statements.
- Surveillance Footage: If the arrest took place in a public space, there might be surveillance footage that shows what happened. This could offer a clearer picture of the events and possibly highlight mistakes made by law enforcement.
- Your Account of the Event: Write down everything you remember about the arrest while it’s still fresh in your mind. Include details about your interactions with the officers and any other relevant information.
Make sure to work closely with your attorney to determine which pieces of evidence are most important and to ensure everything is properly preserved. The sooner you start gathering this information, the better your chances of building a strong defense.
Considering a Plea Deal
Negotiating a plea deal is an option worth exploring, especially when both DUI and gun possession charges are in play. Going to trial can be risky, time-consuming, and expensive. If there’s a chance to avoid the uncertainty of a trial with a plea deal, it might be in your best interest.
Your attorney can help negotiate a deal with the prosecutor that reduces the charges or penalties. In some cases, they may be able to negotiate a deal where you plead guilty to a lesser charge in exchange for avoiding harsher consequences, like jail time or losing your gun rights.
However, every case is different, and it’s important to weigh the options with your lawyer before making any decisions.
Preparing for Court
If your case ends up going to court, preparation is key. Court can feel intimidating, but being prepared can help you present yourself well and boost your confidence during the process.
Here’s what you should do to get ready:
- Know the Court Date and Time: Make sure you know exactly when and where you need to be. Arriving early can help reduce stress and ensure you’re not rushed.
- Dress Appropriately: The court is a formal setting, and how you present yourself matters. Wearing professional attire shows respect for the court and can leave a positive impression on the judge and jury.
- Work with Your Attorney: Meet with your attorney before your court date to go over your defense strategy. Practice what you’ll say and make sure you understand the key points you’ll be addressing in court.
- Prepare Your Evidence: Have all of your evidence, including documents and witness statements, organized and ready to present in court.
Taking the time to prepare for court shows that you’re taking the process seriously and can make a difference in how your case is received.
Moving Forward After the Arrest
#Solvang man facing DUI, drug, gun charges following weekend traffic stop. https://t.co/qe29sclyxC
— KSBY (@KSBY) April 30, 2024
Facing DUI and gun possession charges can feel overwhelming, but it’s not the end of the road. With the right legal representation, careful preparation, and a clear understanding of the charges, you can work toward the best possible outcome for your situation.
Keep in mind that every case is unique. The details of your arrest, the evidence against you, and your legal history all play a role in determining the outcome. That’s why it’s so important to have an experienced DUI defense attorney by your side throughout the process.
Being caught with gun possession after a DUI arrest in Glendale is serious, but it’s not something you have to face alone. By staying calm, seeking legal help, gathering evidence, and preparing for court, you can take control of the situation and work toward minimizing the impact on your life.
Summary
Follow these steps, and you can ensure that you’re doing everything possible to protect yourself and your rights. Always remember that even in tough situations, there’s a path forward.
