Concealed Firearm Charge Clarification

Summary

In Florida, carrying a concealed firearm without a permit is a third-degree felony, punishable by up to 5 years in prison or probation, and a $5,000 fine. A firearm is considered concealed if it is not in plain view. If the police officer did not see the gun before it was passed, it could still be considered concealed. Its crucial to have a good defense attorney to challenge any assumptions made by the officer. The nearest court in Hillsborough County is the Thirteenth Judicial Circuit Court. Address: 800 E Twiggs St, Tampa, FL 33602. Phone: (813) 272-5894.

Full Conversation

My son was stopped because of out of county warrant and the police said they saw him hand another person a gun. They charged him with carrying a concealed firearm. By statue *.*(*) if he saw him pass the gun, how is consider a concealed firearm
What state did this incident occur in? The definition and penalties for carrying a concealed firearm can vary by state.
Florida
What is the age of your son and does he have any prior convictions?

In Florida, carrying a concealed firearm without a permit is a third-degree felony.
He is * and he has never been in trouble.
In Florida, a third-degree felony can result in up to 5 years in prison or probation, and a $*,* fine. Does your son have legal representation?
Thats not my issue, if he saw my son with the gun, passing the gun. How is that a concealed firearm charge?
Did the police officer see the firearm before your son handed it over or only after it was passed? In Florida, a firearm is considered concealed if it's not in plain view.
His statement only states he saw my son pass a gun to another person
Did the officer specify where your son was carrying the gun before he passed it to the other person?
No.
In Florida, a firearm is considered concealed if it's not in plain view. If the officer didn't see the gun before your son passed it, it could be considered concealed.
So without clear statement of where the gun was before that statement, everything before that would be an assumption, correct?
Yes, without a clear statement, it could be considered an assumption. However, the court may rely on the officer's testimony. It's crucial to have a good defense attorney.
Thanks!
What is the name of the county where this incident occurred? This will help in finding the nearest court and its contact details.
Hillsborough County
The nearest court in Hillsborough County is the Thirteenth Judicial Circuit Court. Address: * E Twiggs St, Tampa, FL *. Phone: (*) *-*.
One more question if its ok?
Of course, feel free to ask your question.
My friend was picked up on carrying a concealed firearm, however she had no interaction with police officers, never seen her with a gun yet the charged with carrying a concealed firearm
What were the circumstances leading to your friend's arrest and was she in a location where a firearm was found?
She got into an argument with her cousin, they fought. When she left the house the cousin called the police and stated she pulled a gun on her.
Did the police find a firearm at the scene or on your friend's person when they arrived?
No, they did find it a couple of blocks away. But she was nowhere around and they issued a warrant for her arrest
What state did this incident occur in? It's important to know as firearm laws can vary greatly from state to state.
Florida
Was the firearm found linked to your friend in any way, such as fingerprints or registration?

In Florida, mere possession of a firearm can lead to a concealed carry charge, especially if it's found near the scene of a reported crime.
No
Was there any witness or surveillance footage that could link your friend to the firearm found a couple of blocks away?
There isnt any mention in the probable cause report or warrant
Did your friend have any legal representation when she was charged with carrying a concealed firearm?
No, she just bonded out
What is the next step your friend is planning to take? It's crucial to have legal representation in such cases.
She is looking for a lawyer
What is the location of your friend? This will help in finding the nearest court and its contact details.
Tampa FL
What is the name of the county where this incident occurred?
Answer: Hillsborough County
Explanation: The nearest court in Hillsborough County is the Thirteenth Judicial Circuit Court. Address: * E Twiggs St, Tampa, FL *. Phone: (*) *-*.
Hillsborough
Does your friend have any prior convictions? This could impact the potential penalties if she's found guilty.
Yes
What are the prior convictions your friend has?
Aggravated assault with a firearm
In Florida, a prior conviction of aggravated assault with a firearm could potentially enhance the penalties if she's found guilty of carrying a concealed firearm.
I know
What is your friend's plan for finding a lawyer? It's crucial to have legal representation in such cases.
I dont know, I will have to ask her
What type of lawyer is your friend looking for? It's important to find a lawyer who specializes in criminal defense, particularly firearm offenses, in Florida.
Criminal
Criminal Lawyer
In Florida, it's crucial to have a criminal lawyer who specializes in firearm offenses. They can help navigate the complexities of the law and build a strong defense.
Thanks!
Does your friend have any evidence or witnesses that can support her claim that she didn't have the firearm?
Explanation: In Florida, evidence or witness testimonies can significantly impact the outcome of a case.
Yes
What kind of evidence or witnesses does your friend have to support her claim?
Another cousin that was there witnessed the entire altercation
Does the cousin who witnessed the altercation confirm that your friend did not have a firearm during the incident?
Yes
Has your friend's witness given a statement to the police or is willing to testify in court?
No, but she is willing to
That's good. Having a witness willing to testify can be very helpful. Has your friend's lawyer been informed about this witness?
She has not been assigned a public defender as of yet
What is the reason for the delay in assigning a public defender to your friend's case?
I dont know
What is the status of your friend's application for a public defender? It's important to apply as soon as possible in Florida.
The judge said one will be appointed to her
What is the next court date for your friend's case?
*/*
What is the name of the court where your friend's case will be heard?
Hillsborough County Clerk of Court
The Hillsborough County Clerk of Court is located at * E Twiggs St, Tampa, FL *. You can contact them at (*) *-*.
Yes
Has your friend considered hiring a private attorney instead of a public defender?

General Information:
- Private attorneys often have more resources and time to dedicate to a case compared to public defenders.
- Hillsborough County Clerk of Court: * E Twiggs St, Tampa, FL *. Phone: (*) *-*.
Yes
Yes she has
What is the reason your friend is considering hiring a private attorney instead of a public defender?
Proper representation