I recently represented a client who was charged with firearms not to be carried without a license, which is codified under 18 Pa.C.S.A. 6106(a)(2). Although this charge is typically graded as a felony, my client was charged with a misdemeanor of the first degree since he was otherwise eligible to receive a concealed weapons permit. Nevertheless, a misdemeanor of the first degree is still quite serious and carries a maximum punishment of 2.5 – 5 years in state prison.
After reviewing the facts of the case and discovery with my client, I decided the best course of action would be to file an omnibus pre-trial motion in an attempt to suppress the evidence against my client. As I began to research the caselaw in more detail, it became apparent that the legal principles involved were not entirely favorable to my client. The odds of winning the pre-trial hearing began to wane.
However, I continued to prepare for the hearing. On the day before the pre-trial hearing was scheduled to take place, though, I contacted the assistant district attarney assigned to the case. I discussed with him the possibility of a negotiated plea agreement in exchange for withdrawing the pre-trial suppression motion. Although the assistant district attarney was prepared to proceed, I was able to convince him to agree to a negotiated sentence of three (3) years probation for my client. Additionally, my client will be eligible for early termination of probation after serving only half of that time. This was a significantly reduced sentence from the initial offer to my client.
In the end, my client was very happy with the outcome.
If you have been charged with a firearms related offense in Berks or the surrounding counties, please contact my office to setup a no-cost consultation.
