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The answer is yes. It is a violation of both state and Illinois law for a felon to possess a gun. Under 18 U.S.C. §922(g) the United States Government outlaws such possession if you have been convicted of a felony or of domestic violence. A felon who possesses or controls a firearm is likely to face state or federal charges, if not both. If you have been arrested for such an offense then you are likely facing serious consequences.
The same is true under Illinois law. A U.S. conviction will result in your being sentenced under the federal sentencing guidelines. A conviction in state court will depend on the underlying felony; the more serious the prior conviction then the stiffer the current penalty will be. Prosecutors pursue such cases aggressively and it is suggested that you retain legal representation immediately.
Society places many restrictions on convicted felons. One of these restrictions is that they may not own a firearm. A felon who possesses or controls a gun is likely to face state or federal charges, if not both. If you have been arrested for such an offense then you are likely facing serious consequences. Chicago criminal defense lawyer Michael J. Brennan is licensed in both state and Federal Court and handles many such cases. Contact our Orland Park office today to schedule an initial consultation with our attorney.
How your case proceeds will depend on whether you are charged in federal court or if you are charged in state court. Federal charges will result in your having a trial date set after you are arraigned by the Magistrate Judge. Arraignment in state court will occur after an Indictment is issued or after a preliminary hearing. If one is in custody in a state court case, and they invoke their right to a speedy trial, then the matter will be tried within 120 days. Gun possession cases often hinge on search and seizure issues; if the police violated one’s constitutional rights in finding the gun then the violation may lead to a case being dismissed. This makes it necessary that you retain an attorney who is knowledgeable in regards to Fourth Amendment law and is experienced in handling suppression hearings.
Michael J. Brennan is a Chicago attorney who handles gun possession cases for those who have been convicted of a felony. Michael will immediately obtain the discovery so that he has access to police reports, witness statements, etc. If search and seizure issues are present then he will quickly file a Motion to Suppress the gun from evidence. An evidentiary hearing will be held and if it is found that your constitutional rights were violated then the firearm charge will likely be dismissed. Should the matter proceed to trial then Michael will raise all issues surrounding whether or not you actually possessed the gun or if it belonged to someone else. You are facing a serious situation and our lawyer will take it seriously. Contact us today.
Orland Park Attorney aggressively representing Chicago felons accused of illegal gun possession
Michael is a former prosecutor for the State’s Attorney’s office and has handled many cases involving firearms. He is well versed in Fourth Amendment law and is licensed in both state and federal court. He provides the most aggressive representation while providing a high level of service. He promptly returns phone calls, quickly responds to emails, and makes himself available to answer questions. We are ready to assist you.