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Should I Wait for My Criminal Charges to Conclude to Appeal My LTC Suspension?

criminal charges LTC suspension lawyer

Are you facing the suspension of your License to Carry (LTC) in Massachusetts due to criminal charges? Navigating this daunting situation can be complex and stressful, especially when it comes to deciding whether to wait for the criminal charges to be concluded before filing your LTC suspension appeal. Spoiler alert—you shouldn’t wait!

In this blog post, we’ll explore why it’s crucial to file your LTC suspension appeal promptly, the potential consequences of delaying your appeal, and the importance of hiring an experienced firearms attorney to guide you through this challenging process. By the end of this post, you’ll have a clear understanding of the steps you need to take to protect your rights and your ability to carry a firearm.

Understanding LTC Suspension in Massachusetts

Massachusetts has stringent gun laws, and one of the measures in place is the suspension of an individual’s LTC immediately if they are facing criminal charges. This suspension can occur even before the criminal case is concluded, leaving you without the legal right to carry a firearm during this period. The suspension is intended as a precautionary measure to ensure public safety.

Why You Shouldn’t Wait to Appeal Your LTC Suspension

Waiting for the conclusion of your criminal charges before appealing your LTC suspension might seem like the logical step, but it’s not. You have only 90 days to file an appeal against the suspension of your LTC, regardless of the status of your criminal case. Missing this window can result in the long term revocation of your LTC, which can have long-term negative implications for your rights and livelihood.  You will lose the right to appeal your LTC suspension if you wait beyond the 90 day window.

The 90-Day Rule for Filing an Appeal

The clock starts ticking from the moment your LTC is suspended. Within this 90-day period, you are required to file your appeal to contest the suspension. Failing to do so can lead to the forfeiture of your right to carry, even if you are later acquitted of the criminal charges.

Legal Implications of Appealing During an Ongoing Criminal Case

While it’s important to file your appeal within the 90-day timeframe, you must proceed with caution. Anything you say during the firearms appeal hearing could potentially be used against you in your criminal case. This makes the process delicate and underscores the importance of having expert legal guidance.

The Role of a Firearms Attorney

Hiring a skilled firearms attorney is essential in navigating both your LTC suspension appeal and the accompanying criminal charges. An experienced attorney can help present your case effectively while safeguarding your rights.

Presenting Your LTC Appeal

An attorney with expertise in firearms law can craft a compelling argument for why your LTC should be reinstated. They know the nuances of Massachusetts gun laws and can leverage this knowledge to your advantage.

Protecting Your Rights

Your attorney will be vigilant to ensure that nothing said during the appeal hearing jeopardizes your criminal defense. They will guide you on what to say and what to avoid, minimizing the risk of self-incrimination.

Handling Both Matters Concurrently

Opting for the same attorney to handle both your LTC appeal and criminal charges can be highly beneficial. This unified approach ensures consistency in strategy and communication, providing a more cohesive defense.

Benefits of Hiring a Firearms Attorney

Expert Knowledge

A firearms attorney is well-versed in Massachusetts gun laws, including the specific requirements and deadlines related to LTC suspensions. Their expertise can make a significant difference in the outcome of your appeal.

Strategic Defense

An attorney will formulate a strategic defense tailored to your unique situation. Whether it’s presenting evidence, cross-examining witnesses, or negotiating with prosecutors, they will use every available tool to defend your rights.

Peace of Mind

Hiring an attorney provides peace of mind, knowing that you have a professional handling your case. This allows you to focus on other aspects of your life while they manage the legal intricacies.

Common Misconceptions About LTC Suspension Appeals

Many gun owners believe that waiting until the criminal case is resolved simplifies the process. However, this is a misconception. Delaying your appeal can lead to missed deadlines and lost opportunities to restore your LTC.

How to File Your LTC Suspension Appeal

Step 1: Gather all necessary documentation related to your LTC suspension and criminal charges.

Step 2: Consult with a firearms attorney to review your case and develop a strategic plan.

Step 3: File your appeal within the 90-day window, ensuring all paperwork is accurately completed and submitted.  You file the case in the district court covering the police department that suspended your license to carry.

Step 4: Prepare for the appeal hearing with your attorney, focusing on presenting a strong defense without compromising your criminal case.

What to Expect During the Appeal Process

The appeal process involves a hearing where you present your case to contest the suspension of your LTC. Your attorney will argue on your behalf, aiming to demonstrate that the suspension is “arbitrary and capricious” and that you should retain your right to carry.

Conclusion

In conclusion, if your LTC has been suspended due to criminal charges, it’s imperative not to wait for the conclusion of those charges before filing your appeal. The 90-day window for appealing your LTC suspension is strict, and missing this deadline can have severe repercussions.

Hiring an experienced firearms attorney can help you navigate this complex process, ensuring that your appeal is handled effectively while also protecting your rights in the criminal case. Don’t delay—take action today to safeguard your rights and your ability to carry a firearm.

For more personalized advice and assistance, consider booking a consultation with our Massachusetts firearms attorney.  I handle both firearms and criminal cases in all Massachusetts courts.  Call or text me today at 617-295-7500, and let’s get started on restoring your firearms rights!

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Although I am an attorney, I am not your attorney.  Please do not rely on anything on this page as legal advice because any specific advice would depend on your situation.  Any results posted on this page are not guarantees of outcomes in your case.

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