Legal representation is important to clarify the law and help you navigate the legal process when you are accused of a crime. These cases may involve confusing statutes and questions about who had control of an item at the time of the crime. Minor details can become extremely important, which is why you should immediately hire a criminal defense attorney like myself.
You should not try to sort this out with investigators on your own. Once you start answering questions, it can be difficult to undo misunderstandings or change statements made under stress. As a Pomeroy weapons violation lawyer, I focus on clear communication and a review of the facts so that your rights remain protected.
Ohio does not have an all-inclusive weapons statute. Instead, the law breaks these situations into several categories, depending on where the weapon was found, who allegedly possessed it, and what the person’s legal status was at the time. For example, one offense found under Ohio Revised Code § 2923.12 focuses on whether a firearm or certain knives were hidden on someone’s person or close at hand. Another statute is O.R.C § 2923.13, the “weapons under disability” law, which applies if the state claims that prior convictions or specific conditions make it illegal for someone to have a firearm at all.
Transporting a firearm in a vehicle raises its own questions under O.R.C. § 2923.16. It addresses where the firearm was located, whether it was loaded, and how easily it could be reached. A strong weapons charge defense in Pomeroy begins with identifying the laws the prosecutor is relying on and whether the facts match what that law described.
Many weapons investigations begin with an officer asking, “Is there anything in the vehicle I should know about?” When I provide weapons violation representation to defendants in Pomeroy, I look at how the encounter unfolded. Consider this example: a man was moving to a new apartment and had boxed up his belongings, including a firearm that he placed in a sealed moving box in the trunk. During a traffic stop, the officer learned that a firearm was somewhere in the car and decided that it must have been “readily accessible,” leading to a weapons charge.
Under O.R.C. § 2923.16(B), a firearm in a motor vehicle must either be inaccessible to passengers or stored in a closed package, box, or case. A gun that is taped inside a moving box and locked in the trunk is both in a closed container and out of reach of passengers. Some officers treat a trunk as “accessible” if the backseat folds down or if there is a pass-through opening, but Ohio courts have repeatedly recognized that a separate trunk is generally not considered accessible while the vehicle is being driven. In that type of situation, the law supports the driver; the officer’s assumption does not. These types of nuances in the law are where I can provide value to your defense.
If you are searching for a Pomeroy weapons violation lawyer, you deserve answers and a thorough review of what happened, not just the version written in a police report. At Andrew H. Stevenson, Attorney at Law, I take time to understand how the weapon was discovered, which statute the prosection is relying on, and whether the evidence truly supports that choice. Reach out today so that I can examine the facts of your case and begin building a defense. You deserve to have someone on your side.