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Criminal Defense AttorneyInfluence of Guns on a Criminal Case
In 1997 Virginia passed the Project Exile program. This strategy strove to eradicate gun violence associated with drugs and crime. The initiative moved the prosecution of illegal gun offenses out of state court, and into federal court. The program also said that those convicted must serve a mandatory minimum 5 year sentence. Project Exile proved an effective strategy to address guns, violent crime and the war on drugs. However, it makes cases for a criminal attorney and their client murkier to maneuver. A criminal attorney will tell you that many courts do not drop gun charges. If you are caught carrying a gun, you will be charged with a crime. If you plea to gun possession, there is a mandatory minimum sentence. When you have a prior gun charge, whether you were let go or prosecuted, you will likely receive a lengthier penalty. The possession of drugs also increases the sentence in gun possession cases. Drug offenses are made more serious by the presence of guns and violent behavior. Any pairing of violence and drug and/or gun possession makes offenses more severe. Where guns and violence are the focus, a criminal attorney for the prosecution is more likely to suspect a drug involvement and investigate the case more aggressively. If you are found guilty and convicted of gun and drug possession, the sentences must be served consecutively. In some cases, an experienced criminal attorney can try for a safety valve. These are laws passed by Congress that may provide relief from mandatory minimums for those offenders with no criminal past. The safety valve is a five part test and you must meet specific criteria. It is one of the most difficult opportunities for relief and must be executed properly. You are not eligible if you have prior criminal history. A criminal attorney will review the requirements and determine if you are eligible to utilize the safety valve provision.
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