Is it possible to get my charges dropped?

I got pulled over for speeding and I did not
know my liscense was suspended. I had my
gun in the car because in Delaware you can
have it out as long as it’s not concealed. When
I stopped to pull over the gun fell under the
seat. I didn’t reach down to pick it up because
the officers was already walking to my vehicle.
I let them know I had my gun in the vehicle.
They searched my car and charged me wit
carrying a concealed deadly weapon. I also
had 6 ten milligram percocets in the car which I
was taking. They also charged me with
carrying a gun with drugs.

Asked on June 23, 2016 under Criminal Law, Delaware


B.H.F., Member, Texas State Bar / FreeAdvice Contributing Attorney

Answered 4 years ago | Contributor

Anything is possible... but you really need an attorney to do the talking for you.  Had you not volunteered the gun, there is a chance that the officer may not have even noticed it.  If you go to court and try to bargain this charge yourself, any statements you personally make could be used against you.  Thus, the need for an attorney because his/her statements cannot be used against you.
You are supposed to know the laws of every state that you are entering, but you may be able to defeat the specific intent requirement of this offense.  Meaning, that because you were in compliance with another state's laws, you did not intentionally mean to violate this state's laws.
As far as the percocets.... many prosecutors will dismiss charges for these type of substances if you can prove you had a valid prescription.  Again... better for that to be delivered through an attorney.

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