Can a Lawyer Beat a Gun Possession Charge?

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It started with a routine traffic stop. A young man in Montgomery County, Maryland, was pulled over for a broken taillight. Moments later, officers discovered a firearm under his passenger seat. He didn’t have a permit. He wasn’t involved in any violent activity. But suddenly, he was facing a felony gun possession charge that could land him in prison for years.

What happened next shocked everyone in the courtroom — and may offer hope to anyone facing similar charges.

His defense attorney got the charges dismissed.

How? By knowing exactly how to fight a gun charge in court — a complex, high-stakes process that often determines whether a person walks free or ends up behind bars. If you’re wondering, “Can a lawyer beat a gun possession charge?” — the answer is YES, but only if the right legal strategy is applied by a skilled and experienced attorney.

Let’s dive into what happened in this shocking case — and what you need to know if you’re ever accused of illegal gun possession.

The Stakes: Understanding the Penalties for Illegal Gun Possession

Before we discuss the defense strategy that won the case, it’s important to understand the penalties for illegal gun possession in Maryland. They are among the strictest in the country.

Depending on the situation, you could face:

Up to 3 years in prison for carrying a handgun without a permit.
Mandatory minimums if the gun is loaded or if there are prior convictions.
Felony charges if the firearm is associated with other crimes or drug activity.
Loss of gun ownership rights, voting rights, and more.
Thousands of dollars in fines and a permanent criminal record.

Even a first-time offender with no prior record could be facing jail time if the court decides to make an example out of the case.

In the case we mentioned earlier, the defendant was looking at up to 5 years in prison under Maryland law. That’s why he turned to a top-rated criminal defense team — and why you should seriously consider hiring a lawyer if you’re in a similar situation.

Do I Need a Lawyer for a Firearm Charge?

Let’s make this simple: YES.

Gun charges are not traffic tickets. They are serious criminal charges that can permanently alter your life. Prosecutors treat them harshly, and courts are often unforgiving. Without legal representation, you risk:

Saying the wrong thing during questioning.
Accepting a plea deal that isn’t in your best interest.
Facing maximum sentencing without any negotiation.
Losing your freedom due to technicalities in the law.

You may ask yourself, “Do I need a lawyer for a firearm charge if I wasn’t using the gun illegally?”
Yes, because possession alone can be enough for a conviction.

A gun charge lawyer doesn’t just represent you in court. They protect your future.

What Does a Gun Charge Lawyer Do?

A gun charge lawyer specializes in firearms law, constitutional rights, search and seizure law, and criminal defense. Their job is to analyze the facts, identify violations, and create a defense strategy designed to either:

Get the case dismissed,
Reduce the charge to a misdemeanor,
Win a not-guilty verdict at trial, or
Negotiate a favorable plea deal.

Let’s break down what a gun charge attorney from Houlon Berman typically does:

Investigates the Arrest
Was the search lawful? Was the traffic stop justified? Was the weapon in plain view? These details matter more than you think.
Files Motions to Suppress Evidence
If the gun was found during an unlawful search, your lawyer can file a motion to suppress, which may result in the evidence being thrown out — and the case dismissed.
Challenges the Chain of Custody
Mistakes in evidence handling can weaken the prosecution’s case. A good lawyer will look for any errors in how the firearm was processed.
Builds a Custom Legal Strategy
Each case is different. Your lawyer will develop a tailored defense — whether it’s constructive possession, mistaken identity, or lack of intent.
Negotiates With Prosecutors
In some cases, your attorney may negotiate a reduced charge or a diversion program that keeps the conviction off your record.
Defends You at Trial
If the case goes to court, your lawyer will cross-examine witnesses, present expert testimony, and challenge the prosecution at every turn.

Back to the Shocking Case: How the Charges Were Dismissed

In the Montgomery County case mentioned earlier, the defense attorney discovered a critical error: the traffic stop that led to the gun discovery was not legally justified. The taillight was not broken, and there was no probable cause for the stop. Furthermore, the firearm was located in a locked compartment, out of the driver’s immediate reach.

Using this information, the lawyer filed a motion to suppress the evidence, arguing that the entire case was built on an unconstitutional search.

The judge agreed. The firearm evidence was ruled inadmissible. The prosecution had no case left.
The charges were dismissed.

This is the power of knowing how to fight a gun charge in court. It’s not just about whether you had a gun — it’s about whether the government followed the rules.

Can a Lawyer Beat a Gun Possession Charge? Absolutely — But Only the Right One

Many people plead guilty to gun charges because they assume there’s no hope. But as this case shows, the right defense attorney can expose weaknesses in the prosecution’s case and turn the entire trial around.

At Houlon Berman, we have decades of experience helping clients in Maryland and Washington, D.C. beat criminal charges — especially gun possession cases. We understand the nuances of the law, we’ve fought countless battles in court, and we never back down from a challenge.

What to Do If You’re Facing a Gun Charge in Maryland

If you or someone you know has been charged with illegal possession of a firearm, follow these steps immediately:

Do Not Speak to Police Without a Lawyer Present
Do Not Consent to Any Additional Searches
Hire a Gun Charge Lawyer Immediately
Avoid Posting About the Case on Social Media
Gather Any Evidence or Witnesses That Support Your Story

The earlier you involve a defense attorney, the better your chances of a positive outcome.

Final Thoughts: Your Freedom Is Worth Fighting For

A gun charge doesn’t have to ruin your life. You have rights — and a skilled attorney can help you assert them. Whether you’re facing misdemeanor possession or a felony firearm offense, the team at Houlon Berman is ready to fight for you.

Can a lawyer beat a gun possession charge?
YES — and we’ve done it again and again.

Call Houlon Berman Today for a Free Consultation

Don’t leave your future to chance. Contact Houlon Berman today to speak with an experienced gun charge lawyer. We’ll review your case, explain your options, and start building your defense immediately.

Call us now or fill out our secure online form — your defense starts here.

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