Articles Posted in Firearm Charges

Have you been arrested for carrying a concealed firearm?  If so, you may be able to have your case dismissed through a new diversionary program recently created by the State Attorney for the Fourth Judicial Circuit.

Diversionary programs (also known as pre-trial intervention) are primarily designed for first-time offenders who meet specific criteria.  Only the State Attorney can admit you into a diversionary program.  A judge or your defense lawyer cannot.

Once accepted into a diversionary program you must sign a deferred prosecution agreement which contains specific requirements such as community service hours, restitution, and/or counseling.  Upon successful completion of the program, your charges are dismissed.  Any failure timely to complete the conditions of the program results in your case proceeding as it would have prior to your participation in the program. Continue reading

The First District Court of Appeal just made it more difficult for the State to prove you committed  the crime of carrying a concealed weapon.  In Stanley John Kilburn v. State of Florida, Mr. Kilburn was charged with carrying a concealed weapon. Kilburn filed a motion to suppress, contending he was illegally searched.   The trial court denied his motion. Kilburn then pleaded no contest to the charge while preserving his right to appeal the trial court’s denial of his motion to suppress.

At the hearing on Kilburn’s motion to suppress, Deputy Beach of the Escambia County Sheriff’s Office testified when was patrolling a hotel parking lot one morning, he noticed a pickup truck parked with the driver’s door open. He also noticed the truck had a cloudy license plate cover.

Deputy Beach parked and approached the truck to discuss the license plate cover with Kilburn and to give him a verbal warning about the license plate cover. Deputy Beach testified he “was just going to have a talk, it wasn’t — it really wasn’t even investigatory at that point.” Continue reading