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Gayle Anne-Marie Gutekunst

Gayle Gutekunst’s Answers

1,991 total

  • If I was storing a gun in the trunk of my car and I open the trunk to put grocery in would it be considered unlocked container?

    I was not stopped by police but if someone reported to police that I had a gun in trunk would I be in trouble.

    Gayle’s Answer

    Penal Code sec 25400 makes it illegal to carry a concealed weapon in a vehicle. Penal Code sec 25850 makes it illegal to carry a loaded firearm in a vehicle.

    You are okay if your firearm is in a LOCKED trunk AND you have are legally entitled to carry it or possess it.

    Now, would you be in trouble? The Clovis police would love nothing more than to pull a full felony stop on you, drag you out of your car and look for weapons, drugs, etc. (Not saying you'd have these.) The Clovis Police are paid way more than the criminal activity in Clovis justifies. So, anything which generates a police stop or investigation will yield reams of elaborate and detailed police reports. In other words, I think they're kind of bored. Not saying they're ineffective, just a little bored.

    So, why put yourself through that? As another lawyer mentioned, just keep the gun in the trunk in a closed container not visible to the public and, most importantly, unloaded with the ammunition separate.

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  • Entering US with possible warrant

    picked up simple possession charge in davidson county, Tennessee.. Went to court and was issued drug education classes. I failed to complete the classes and subsequently did not attend court date for review. My missed court date was in October 201...

    Gayle’s Answer

    Three weeks ago I might have answered this question saying that it would be a 50-50 chance of your getting arrested. That was before Paris. Expect long delays and thorough processing, especially at a major American airport like LAX. As one of my colleagues said, retain an attorney in the counsel of conviction and try to get the warrant recalled with a promise to appear later. Consider re-posting this question for answers from TN attorneys.

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  • CA recording law and Georgia Recording laws are different Recording A Business without Consent.

    So If your From California A YouTuber Did A Recording over the phone A business In Georgia for using her picture for adverting. California recording law is A two Party consent or all parties, While Georgia is one. The YouTube that di...

    Gayle’s Answer

    I'm not too clear about the remedy this woman is seeking. However, I'm assuming the recording is being used to promote the business in Georgia, and it's being done over YouTube.

    This woman first needs to contact YouTube and tell them to take it down because the recording was made without her permission and is being used improperly. And persist with YouTube.

    Second, this woman needs to take this issue to State's Attorney in Georgia. I suggest you post this in Georgia.

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  • Can a denial for a gun purchase based on mental history while a minor be overturned?

    working the system as a runaway foster kid resulted in several adult arrests and mental holds (while a minor) causing my right to own a gun to be denied. Is this fixable??

    Gayle’s Answer

    You have mentioned adult "arrests," but no convictions, so I am assuming that in this answer. You may not purchase/possess a firearm in CA if: you are under conservatorship, were adjudicated "not guilty by reason of insanity for a violent crime" in a criminal case, have been adjudicated incompetent to stand trial, if you've mentioned to a "mandated reporter" (such as a therapist) that you want to be violent with a gun [that prohibition lasts 5 years], or are in inpatient mental health treatment. If your rights were denied, it is possibly because of the foregoing OR you have not put 5 years between your last mental health system interaction.

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  • My son has just been released from jail and got informal probation for burglary and vandalism...can he smoke weed for anxiety?

    He believes he can because of the charges...but I am worried he has 3 yrs informal probation? That's a long time for a first I just worry hes going to screw it up?

    Gayle’s Answer

    If he has a valid medical use for marijuana, he should see a physician who specializes in this area of practice. If, after an examination and review of his medical history, the doctor believes that medical marijuana would benefit him, the doctor can issue him what is properly called a "recommendation." CA has determined that only a limited number of conditions are helped by medical marijuana, so your son's medical need would have to fit within one of those conditions.

    With that recommendation comes a card with a registration number issued by the State via the physician. If arrested or detained and m.j. is found in your son's possession, he presents the card to the arresting/detaining officer who can run a verification of the number on an internet site. Many small county peace officers don't do this, and put the person through a useless criminal process because they refuse to comply with the CA law. If that happens, you just have to go through it.

    I doubt there are doctors in Ceres, or Merced or Stockton who do this because these areas of CA are so oddly hostile to marijuana use (preferring instead, I suppose, to have their officials cause injuries to strangers while driving drunk coming home from the Christmas party, but that's a rant for another day . . . . ) He can look on the NORML website, or Americans For Safe Access website and locate physicians who will accept him as a patient.

    So, the answer is that it is legal for him to smoke it if he has a physician's recommendation. Until he has that recommendation, it is not legal for him and would be a violation of a probation order to "obey all laws." Moreover, he can not get into a licensed dispensary without showing his recommendation and/or card, and having the dispensary personnel call the physician to verify that your son is a patient.

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  • As a first time offender do you think I'll do jail time for code 11370.1 (a)

    I was not unDer the influence. Never been in trouble before.

    Gayle’s Answer

    That isn't good. Sorry. You are being charged with having been in possession of a street drug while armed. If you're in Kern County, that is going to be an upward battle. All CA counties, but especially the more conservative ones like Kern, take a very dim view of weapons. You will need an aggressive attorney to try to litigate this and maybe, if the evidence against you can establish your guilt, bargain away the gun.

    I'm not saying you are guilty - please understand that. You may have search and seizure issues or other legal strategies which could result in your acquittal.

    But we can't predict what will happen to you. It is to your benefit that you have no prior criminal history.

    Best ask these questions of your attorney (either retained or appointed). Make sure you keep asking questions and listening to the answers. Then ask more questions if you need to. A conviction for this offense will affect you for the rest of your life, so approach this with seriousness and an eye toward where you want to be in your life in 10 years.

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  • How do I get the most out of a public defender since I am unemployed with no family to help me pay for an attorney.

    I was charged with a felony sales of a controlled substance and I am not a drug dealer of any kind. The police came up to me in my car parked and asked me to get out of my car for no reason, asked for my lisence and stuff which I provided then ask...

    Gayle’s Answer

    I was a public defender for 14 of the 35 years I've been in practice. It was the very best training I could have gotten, and I am proud of the time I spent there.

    I speculate that your attorney will review your police reports for search and seizure issues under the 4th Amendment, since the police conduct here is a little sketchy as you describe it. I'm sure there's more, which may or may not benefit you. That's why you have to let your attorney do his/her job. PDs are usually very familiar with 4th Amendment issues and litigate them fairly frequently.

    If you have questions, ask your PD. Since you're out of custody, make an appointment. Please don't drop in. Treat your PD as what s/he is - a busy attorney. Once you get your attorney's answers, if you don't understand them, ask for clarification and listen. Have a conversation. There are no "stupid" questions; neither you nor I were born knowing this stuff. In the meantime, if you are not already doing something to address your drug use, start now. 4 or 5 NAs/week would be a nice start (they take attendance and you can show it to your PD and the judge).

    Remember, once you have an attorney assigned to you the police should not be contacting you about this incident. If they ask you (usually it would be to "snitch") refer all questions to your attorney. Good luck.

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  • Nv filled warrant 08/14 I went to .ca jail 1/15_08/15 I just released. Why no hold from nv?

    I checked all holds while in custody in .ca. said none, I was released. To find out there's a year long warrant in nv for me for 1 felony. What does that mean?

    Gayle’s Answer

    Mr. Finnecy is right; get a Nevada attorney to check this out for you.

    I suggest you copy and re-post this question in the area for Nevada criminal practitioners. When AVVO asks you for your location, put a town in Nevada.

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  • Does the Parole Board add special conditions before or after the parolee is released?

    My fiancee is due to be released In December. He has already signed parole papers but I have heard that parole can add special conditions such as alcohol classes, and no contact with me since we were involved in a DV case. I am wondering if they w...

    Gayle’s Answer

    • Selected as best answer

    Contact with you could definitely be an issue, especially if he was imprisoned because of a DV-related crime. Is there a criminal protective order against him because of that DV case? If that's so, you're going to have to go back to court and get it undone. And that's just the first step. The parole agents don't automatically honor the court's finding with regard to CPOs.

    There is an administrative process in place to challenge conditions of parole. He must exhaust his administrative remedies before he can go before a court for a judge examine the parole agent's decision.

    The agent's imposed special conditions are parolee-specific, so no one on this site can predict what the BPT will or won't do; I'm sure you understand that. So sit tight and don't communicate anything - either by phone or in writing - which will give an agent a reason to suspect that your finance has social problems, such as drug addiction or alcohol abuse. Because, as you know, this communication is monitored.

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