Firearm Hold Lawyer Greensboro, NC
What is a Firearm Hold?
In North Carolina, people who arrested for a firearm charge can be denied release, or put under a firearm hold, if certain factors are met.
In North Carolina, when a person is arrested, they are initially brought before a magistrate at the Guilford County jail, who will then look at the charges and set the conditions of pretrial release. North Carolina General Statute § 15A-533 allows for a firearm hold if the following conditions are met:
- Person is on pre-trial release, probation or post-release supervision (parole) for a felony or Class A1 Misdemeanor involving the illegal use, possession, or the discharge of a firearm and not more than 5 years have elapsed since the date of conviction or the person’s release for the offense.
- That same person is charged with a new felony or class A1 misdemeanor involving the illegal use, possession or discharge of a firearm.
- If the two factors above are met, there is a rebuttable presumption that this person is to be considered a flight risk or a danger to the community and no condition of pre-trial release will reasonably assure the appearance of the defendant.
Magistrates set bond and often consider two factors along with the level of the charge:
- Whether the person is a flight risk.
- Whether the person is a danger to the community.
The dilemma with a firearm hold, is it causes both of these conditions to be met automatically. In Guilford County, if these conditions are met, it is guaranteed that a magistrate will give a firearm hold. Unfortunately, our Greensboro criminal lawyers have found that the magistrates in Greensboro, NC and High Point, NC, will put a person under a firearm hold if the above conditions are met without exception meaning that our firearm hold attorneys will need to argue your case in front of a judge to have a bond set.
- What is a Firearm Hold?
- What are examples of sitautions that would receive firearm holds?
- Can a Firearm Hold be Removed?
- What are things my criminal attorney can argue to help me have a firearm hold removed?
- GARRETT, WALKER, AYCOTH & OLSON, ATTORNEYS AT LAW
- Greensboro Firearm Hold Lawyer Review
What are examples of situations that would receive Firearm Holds?
- Let’s say a person had a prior conviction for firearm by felon 4 years ago and they are no longer on probation for the firearm charge. Then they receive a new charge for possession of a firearm by felon. This person would receive a firearm hold, because their conviction for firearm by felon was within the past 5 years.
- Person #2 was originally charged with shooting someone, assault with a deadly weapon inflicting serious injury. This charge was reduced to an A1 Misdemeanor of assault with a deadly weapon. They complete probation successfully. 3 years later, they are charged with possession of a firearm by a convicted felon. This would lead to a firearm hold even though the prior conviction was for a a misdemeanor.
Can a Firearm Hold Lawyer get the Hold removed?
This is why it’s vital to speak with a firearm hold lawyer in Greensboro, NC. Our firearm hold lawyers know the steps to have a firearm hold removed. We can often have this done at your first appearance, and if the firearm hold continues to be in place after your first appearance, our top rated firearm hold lawyers will file a bond motion to have the bond removed a reasonable bond be set.
What are things my criminal attorney can argue to help me have a firearm hold removed?
To get over the presumption in favor of a firearm hold, a Greensboro criminal lawyer will need to argue several aspects of your case in order to convince a judge to remove the firearm hold.
- Strength of Evidence – sometimes we see a firearm hold in cases that are weak. Meaning the evidence against our client isn’t the best, and if the state is going to have difficulty proving the firearm offense at trial, how is it fair that our client be held under a firearm hold? We often find firearm charges in Greensboro, NC, where there are multiple people in a vehicle. Gun found in the car. Gun found under someone else’s seat, but the convicted felon, who is the furthest from the gun ends up being the person charged and then placed under a firearm hold. This is a constructive possession case, one that our top rated felony lawyers would feel very good about at trial, and often a judge will see this as we argue to have your firearm hold removed and will set a reasonable bond.
- Ties to the Community – remember there are two things a judge looks at, is the person a danger to the community and are they a flight risk. The flight risk aspect can often be argued against by using ties to the community. If you have a local address and people from Greensboro, NC or Guilford County, North Carolina, come into the courtroom on your behalf, it will help to show that you have ties to our local community, which helps with removing a firearm hold.
- Prior Failures to Appear – if you have a history of missing court, this is a little problematic when it comes to having a reasonable bond set. It’s amazing that the court system has time to keep track of these sorts of things, but they do. And if you have a lot of failures to appear, a judge may consider you to be a flight risk and therefore not give you a reasonable bond or remove the firearm hold.
- Employment History – if you have a job and support your family, this is a major plus when it comes to arguing to have a firearm hold removed. Our firearm hold attorneys in Greensboro, NC, utilize this factor as one of our main arguments for having a hold removed because you need to get back to work and continue being a productive member of our community.
- Are you a danger to the community? This danger aspect is tough, possessing a firearm after being a convicted felon, does not necessarily mean you’re a danger. However, if you have a prior crime of violence using a gun, it can be a little problematic. Our top rated criminal defense lawyers in Greensboro, North Carolina, under the issues that prior convictions or current pending charges can have when it comes to getting a firearm hold removed, and this is why it’s vital to get us involved as soon as possible.
GARRETT, WALKER, AYCOTH & OLSON, ATTORNEYS AT LAW
317 S. GREENE ST, GREENSBORO, NC 27401
Firearm holds can be put in a place in a number of different situations. You could end up with a firearm hold for a firearm charge, that you’re completely innocent of. Our top rated firearm hold lawyers in Greensboro, North Carolina are here to help you have that hold removed.
This is why you should contact our – Guilford County & Randolph County – Greensboro, High Point & Asheboro Lawyers to help with your Firearm Hold today.
Call us at (336) 379-0539 to schedule a free, in-depth consultation with our experienced lawyers.
Greensboro Firearm Hold Lawyer Google Reviews:
“Honestly this is the Best lawyer for hard to win cases. If your down bad on your luck and have a case that looks like you’ll be doin immediate jail time Aycoth is your guy. I hired him on a Felony Possesion Firearm and Multiple Assault with Deadly Weapon Offenses and I was acquitted of all Charges. Give this man a call.” December 15, 2021