Felon in Possession lawyer Maryland, MD
A federal charge of felon in possession of a firearm in Maryland is a serious matter prosecuted by the United States Attorney’s Office for the District of Maryland. Under 18 U.S.C. § 922(g), federal law prohibits anyone who has been convicted of a felony from possessing any firearm or ammunition. These cases are investigated by federal agencies including the ATF and FBI, and they are heard in the U.S. District Court for the District of Maryland, with courthouses in Baltimore and Greenbelt. The Federal Sentencing Guidelines impose significant imprisonment ranges, and there is no parole in the federal system. Early involvement of experienced defense counsel is essential to protect your rights. At Law Offices Of SRIS, P.C., Mr. Sris and the firm’s Of Counsel attorneys concentrate their practice on federal criminal defense, including felon in possession charges. To request a consultation about your case, call (888) 437-7747. Law Offices Of SRIS, P.C. – Advocacy Without Borders.
What a Felon in Possession Charge Means in Maryland
A federal felon in possession charge arises under 18 U.S.C. § 922(g), which makes it unlawful for any person convicted of a felony to ship, transport, possess, or receive any firearm or ammunition. This statute reflects Congress’s determination that certain categories of individuals should not have access to firearms. A felony conviction is the trigger—regardless of whether the prior offense was violent or non-violent, so long as it qualifies as a felony under the law of the jurisdiction where it occurred.
In Maryland, these cases are prosecuted by the U.S. Attorney’s Office in the District of Maryland. The U.S. District Court sits in two divisions: the Northern Division in Baltimore and the Southern Division in Greenbelt. The Greenbelt courthouse serves residents of Montgomery, Prince George’s, Howard, Anne Arundel, and other southern Maryland counties, while the Baltimore courthouse handles cases from the northern and eastern counties as well as Baltimore City. Investigations are typically led by the Bureau of Alcohol, Tobacco, Firearms and Explosives (ATF) or the Federal Bureau of Investigation (FBI), often in conjunction with local law enforcement.
Possession can be actual or constructive. Actual possession means the firearm is on the person—for example, in a pocket or holster. Constructive possession applies when the firearm is not physically on the person but is under the individual’s dominion and control, such as in a vehicle, a residence, or a storage unit that the individual controls. Federal prosecutors may rely on circumstantial evidence to establish constructive possession. Firearm possession charges often carry mandatory minimum sentences, and the Federal Sentencing Guidelines impose additional enhancements based on the type of firearm, the individual’s criminal history, and whether the firearm was used in connection with another offense.
Because there is no parole in the federal system, a sentence is served in substantial part—typically at least eighty-five percent of the imposed term—with supervised release to follow. Asset forfeiture, fines, and restitution may also be part of the sentence. The procedural timeline is governed by the Speedy Trial Act, but the overall duration of a federal case varies with its complexity, the volume of discovery, and the court’s calendar.
How Mr. Sris and the Firm’s Of Counsel Attorneys Defend Federal Felon in Possession Cases
Defending a federal felon in possession charge requires a thorough evaluation of the government’s evidence and a close look at the legality of the underlying search or seizure. If law enforcement obtained the firearm through a warrantless search or a defective warrant, a motion to suppress may be filed. If the motion succeeds, the firearm evidence cannot be used at trial, and the government’s case may collapse.
The firm’s approach includes examining whether the government can prove the defendant knowingly possessed the firearm. Constructive possession cases often involve multiple people with access to the same space; demonstrating that the defendant had the exclusive power and intent to control the firearm is a key defense point. Additionally, the validity of the predicate felony conviction may be challenged—for example, if the prior conviction has been expunged, set aside, or if the defendant has received a pardon that restores firearm rights. Mr. Sris and the firm’s Of Counsel attorneys also explore whether pretrial diversion, cooperation, or plea agreements can reduce exposure. In every case, the objective is to build a well-prepared defense that addresses both the immediate charge and its long-term consequences.
About Mr. Sris and the Firm’s Of Counsel Attorneys
Mr. Sris, Owner and Founder of Law Offices Of SRIS, P.C., is a former prosecutor who has practiced since 1997. He is admitted in Virginia, Maryland, the District of Columbia, New Jersey, and New York, and he concentrates his practice on federal criminal defense, including firearm-possession cases. Mr. Sris testified before the Virginia House Courts of Justice Committee in support of 2019 HB 635 (chief patron Del. David Bulova).
The firm’s Of Counsel attorneys bring extensive combined legal experience. Mr. Sris and the firm’s Of Counsel attorneys have handled matters across multiple practice areas since 1997. Results may vary. The firm’s Rockville location serves clients throughout Maryland; all consultations are by appointment. Call (888) 437-7747 to discuss your situation.
Frequently Asked Questions
What is a federal felon in possession charge?
A federal felon in possession charge accuses someone who has been convicted of a felony of knowingly possessing a firearm or ammunition in violation of 18 U.S.C. § 922(g). The charge does not require that the individual used the firearm in a crime—mere possession is sufficient. The case is prosecuted in U.S. District Court, not state court, and the penalties are determined under federal sentencing guidelines that can impose significant imprisonment and no parole. The charge can be brought even if the prior felony conviction occurred years earlier and in a different state.
What penalties might I face for a felon in possession conviction in Maryland?
Penalties for a federal felon in possession conviction depend on the defendant’s criminal history, the type of firearm, and any aggravating factors, and they can include substantial years in federal prison with no opportunity for parole. The Federal Sentencing Guidelines set a range that the judge considers, and mandatory minimum sentences may apply in certain cases. The conviction also results in a lifetime firearms disability, supervised release following incarceration, fines, and potential forfeiture of the firearm and other property. Because each case is unique, discussing the specific facts with an experienced attorney is essential.
How can a defense attorney challenge a felon in possession charge in Maryland?
Defense attorneys challenge felon in possession charges by examining the legality of the search that uncovered the firearm, questioning whether the defendant knowingly possessed the firearm, and, in some cases, contesting the validity of the predicate felony conviction. A motion to suppress may be filed if there was a warrantless search or an invalid warrant. If multiple people had access to the location, constructive possession becomes a central issue. The firm’s Of Counsel attorneys thoroughly review discovery, assess witness statements, and explore all procedural defenses to develop a defense strategy tailored to the specific facts.
Do I need a federal criminal defense lawyer for a felon in possession charge?
Yes—federal charges are prosecuted under rules and procedures that differ significantly from state court, and having a lawyer experienced in federal practice is critical. Federal sentencing guidelines, pretrial detention rules, and discovery procedures are distinct. The U.S. Attorney’s Office has substantial resources, and the investigation often involves multiple agencies. An attorney can evaluate the strength of the government’s case, negotiate early resolution where appropriate, and advocate for the client at every stage, including bail hearings, pretrial motions, and trial.
What should I do if I am under investigation for a federal firearm offense in Maryland?
If you are under investigation for a federal firearm offense, you should immediately decline to speak with law enforcement without an attorney present and contact experienced federal defense counsel. Anything you say can be used against you in a federal prosecution. Do not consent to a search of your home, vehicle, or electronic devices without a warrant. Preserve any relevant documents, but do not discuss the case with anyone except your lawyer. Early engagement of counsel can significantly affect how the investigation unfolds and whether charges are filed.
How long does a federal criminal case take in Maryland?
The timeframe for a federal criminal case in Maryland varies with complexity, but most cases are resolved within six to eighteen months, while complex matters may take longer. The Speedy Trial Act imposes deadlines that generally require trial to begin within seventy days of indictment or initial appearance, but many procedural events—including pretrial motions, competency evaluations, and continuances—can extend the timeline. Sentencing often occurs several months after conviction. Your attorney can provide a more specific estimate based on the particulars of your case.
Also serving these counties: Federal Criminal Lawyer Montgomery County MD, Federal Criminal Lawyer Prince George’s County MD, Federal Criminal Lawyer Howard County MD, Federal Criminal Lawyer Anne Arundel County MD, Federal Criminal Lawyer Frederick County MD.
For official information, visit: U.S. District Court for the District of Maryland — U.S. Attorney’s Office, District of Maryland.
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