Our client was incorrectly charged with bringing a firearm onto courthouse property in Davidson County. In fact, our client had a concealed carry permit and was arrested for lawfully having a firearm on the parking lot beside the courthouse. Criminal defense attorney, Luis Maradiaga, recently represented this client and successfully got the case voluntarily dismissed.
Getting the Charge Dismissed
The deputy perceived danger and acted quickly. The deputy, however, failed to observe the law. Thus, attorney Luis Maradiaga filed a pretrial motion to dismiss.
Luis Maradiaga spoke with the deputy and the prosecutor and explained that he was not contesting the facts of what happened. Instead, he was focusing specifically on an entirely legal argument.
When the NC General Assembly drafted the prohibition of firearms on certain government property, their statutory intent clearly did not prohibit lawful concealed carry on property outside of the courthouse building. Luis also challenged the criminal pleadings as being facially invalid.
Due to this charge, our client was potentially facing losing his concealed carry permit. On top of that, his pistol was seized. Attorney Luis Maradiaga obtained a signed court order for the return of our client’s pistol upon dismissal of his case.
Winning this case affirmed the client’s lawful rights to concealed carry. He was not a threat to anyone else, and he can now continue to freely exercise his constitutional rights to carry a firearm to protect himself or others.
When asked what advice he’d give to others in a similar situation, Mr. Maradiaga said the following:
It is incredibly frustrating and worrisome to be wrongfully charged with an offense. Do not allow anyone to convince you to plead guilty of something you did not do. Always pursue a trial as the first course of action. You need an attorney who is willing to litigate cases. See an attorney immediately. We were able to act swiftly in this case because my client quickly alerted me of the charge.
We would like to thank our client for fully trusting us throughout the entire process and for the honor and privilege it is to represent him in this matter.
Charged with Bringing a Firearm onto Courthouse Property?
Our criminal defense lawyers fight tirelessly for your rights. If you’ve recently been charged with bringing a firearm onto courthouse property, put your fears to rest with a free defense analysis. Call now to schedule a consultation in Winston-Salem, Greensboro, or High Point.