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Possession of a gun no criminal record first offense?

Los Angeles, CA |

my husband was stopped when he was getting ready to reverse my brothers car out of red, he was pulled out of the car asked if he was on parole and the car was searched then the cops decided to search my house. They found nothing inside my house but found my gun in my backyard wrapped up inside an old dryer. I panicked and said i didnt know how that got there. They arrested my husband and took him on illegal possesion of a firearm by a felon and a parole violation. My question is when he goes in to court and i tell the lawyer it was mine what exactly am i looking at, i have no record at all have a good job take care of my kids and family i just wasn't thinking and thought getting the gun would keep me safe after a previous incident.

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Attorney answers 6

Posted

Good luck with taking the blame for it! This all depends on what your husband said the police. Your husband is really in need of an attorney, not you. If the gun is registered to you, you may have a good defense for your husband, but if its not... Well, that is a entire different story.

If you have any questions or would like a free consultation, please feel free to call me.

Elliot Zarabi
www.zarabilaw.com
213-612-7720

John M. Kaman

John M. Kaman

Posted

I agree with Mr. Zarabi. Search and seizure issues aside it will be obvious to the DA and anyone else you talk to that you are trying to take the blame for your husband. Don't do it. Your troubles will only get worse.

Asker

Posted

my husband said he's never seen that before from the beginning, the cop said my husband told him confidentially it was his but this was the same cop that never took my husbands statement never read him his miranda rights nor had him sign his miranda rights everyone of my neighbors where there when they handcuffed him and called in for a van and put him in before they even searched my house and when they came out the officer came out with it waiving in his hands to show the other officers in the middle of the street and said "all of this from a traffic violation" i'm not "taking the blame for it" right is right and i have to tell them it was mine at his first court date because he wasnt doing anything wrong to get offered a 7year deal for something he didnt even do

Elliot Rahmim Zarabi

Elliot Rahmim Zarabi

Posted

Right may be right, but it still may not help. Which courthouse are you in? Temple Street?

Posted

If you two didn't give consent, this is the wildest search I've heard of. A traffic stop and then a home search with no warrant?

And just because you don't know how your gun "got there" doesn't mean its not necessarily your gun. You might have forgotten.

You need to hire an attorney who will press a 4th amendment suppression action.

Curt Harrington Patent & Tax Law Attorney Certified Tax Specialist by the California Board of Legal Specialization PATENTAX.COM This communication is general information and not legal advice, and does not create an attorney-client relationship. This communication should not be relied upon as any type of legal advice. Please note that no attorney-client relationship exists between the sender and the recipient of this message in the absence of either (1) a signed fee contract and (2) remission of an agreed-upon retainer. Absent such an agreement and retainer, I am not engaged by you as an attorney, nor is any other member of my law firm.

Asker

Posted

they told us we had to let them in because he is on active parole.. my brother came out showed proof it was his car and he asked him to reverse it for him an they said he's on parole they have the right to search any vehicle he is in and began to search, the paperwork says they stopped him for a traffic citation but noone was ever cited nor was my brother given any ticket for being parked in a red zone and everyone keeps telling me just because i say its mine (even though it was with my sweater and my box of papers) they'll assume im lying for him?

Curtis Lamar Harrington Jr

Curtis Lamar Harrington Jr

Posted

Those facts on sweater and your box of papers seems to support your hiding those against everyone. After you and your husband hire an attorney you may want to each hire a separate attorney. They may put pressure on you and the truthfulness of your testimony.

Posted

No offense, but wrapped up and in a dryer in the back yard does not sound like possession for defense. That will be the prosecution's position.
suggest you get good attorney for husband. There may be search issues. Not sure.
Claiming the gun now coud raise liability for false report. If you were to make the claim on the wtness stand or anywhere else under oath could face perjury charges.

The above is not intended as legal advice. The response does not constitute the creation of an attorney client relationship as this forum does not provide for a confidential communication.

Asker

Posted

I was pulled over in my brother car on a suspended license turns out my brother left is gun in the glove compartment. I bailed out and my court date is in 30 days. I am charged with a Felony what should I do am worried I will do some time in jail. The only prior criminal record I have is a domestic violence that was dropped and the wet reckless on my record.

Posted

That is a serious charge that will affect your future greatly. Below please review the link to the LA criminal defense attorney who specializes in weapon defenses:
http://www.lacriminaldefenseattorney.com/Criminal-Defense/Weapons.aspx
Discuss your case in a confidential personal consultation and DO NOT make any incriminating statements on publicly accessible fora like Avvo. District Attorneys in California can read as well as anyone else.

DISCLAIMER The answer given above by the lawyer serves for educational purposes only and provides general information and a basic understanding of the applicable law. Take notice that the answer above does not create an attorney-client relationship as this website is not intended to provide anyone a specific legal advice. Anyone using the site expressly consents that there is no attorney client privilege between any person and any attorney responding. Further take notice that the site should not be used as a crude substitute for any professional and competent legal advice by a licensed professional attorney in the applicable jurisdiction. The attorney above attempted to provide competent professional information, however, the law and its applications may change frequently and vary greatly from other U.S. jurisdictions and locales. Therefore, any information and materials provided above are general in nature, and may not apply to specific factual and legal circumstances related to one’s personal legal issues. Contact an experienced criminal defense lawyer admitted to practice in your State under an attorney-client privilege to further receive a competent legal advice before making any important decisions about your particular legal issue. For further inquiries please contact: Attorney Alexander Ivakhnenko 1021 West Adams, 101, Chicago, Illinois 60607 773-562-8602 http://alexanderivakhnenko.com

Posted

Even though your husband is on parole, there may potentially be a Fourth Amendment search issue. As for the gun, if it was legally registered to you, you may not have a problem, but without knowing more it's hard to say for sure. Feel free to contact me if you'd like to discuss the matter further.

Daniel E. Kann
Attorney at Law

Posted

Parolee Blues (The Gun in the Dryer saga)

A gun in the dryer? Really? Really? This is exactly what the police are thinking. A parolee cannot possess a gun, but can his wife? The short answer is No. This has to do with ease of access and control (see discussion below).

At the outset, parolees in California have very limited privacy rights when it comes to police searches. This is because California law expressly permits warrantless police searches of parolees, their homes, and property under their control. Under California Penal Code § 3067(a) [“Any inmate who is eligible for release on parole pursuant to this chapter shall agree in writing to be subject to search of seizure by a parole officer or other peace officer at any time of the day or night, with or without a search warrant and with or without cause.” Under People v. Hunter (2006) 140 Cal.App.4th 1147, 1152, the Fourth District Court of Appeals held that “A suspicionless parole search is constitutionally permissible because the parolee lacks a legitimate expectation of privacy, and the state has a substantial interest in supervising parolees and reducing recidivism.” The question is whether you have a right to object as a co-occupant of the property. In Georgia v. Randolph, 547 U.S. 103 (2006), the United States Supreme Court held that an evidentiary seizure is unlawful even with the permission of one occupant when the other occupant, who later seeks to suppress the evidence, is present at the scene and expressly refuses to consent to enter the premises.

With respect to the gun rights of a parolee, a California publication entitled “The Parolee Rights Handbook” (2010) states the following: “The standard "Notice and Conditions of Parole" states that a parolee shall not "own, use, have access to or have under your control . . . any type of firearm or instrument or device which a reasonable person would believe to be capable of being used as a firearm or any ammunition which could be used in a firearm . . . . ." This is in accord with California law, which makes it a felony for any ex-felon to own, possess or have custody or control of any firearm. (See Penal Code § 12021; see also Penal Code § 12021.1.) Federal law also makes it unlawful for an ex-felon to receive or possess any firearm or ammunition which has been shipped or transported in interstate or foreign commerce. (18 U.S.C. § 922(g)(1).) Thus, parolees who live with someone else who possesses a gun or ammunition should make sure that person removes those items from the residence, or at least keeps the items locked in an area to which the parolee does not have access.” (Citations inserted from footnotes)

With respect to your right to possess a firearm in the home, such as a handgun, you have that right under the Second Amendment to the U.S. Constitution unless you are restricted as a convicted felon or the subject of a restraining order with a gun restriction. (See District of Columbia v. Heller, 554 U.S. 570 (2008). The twist here is that the gun was outside of the residence and hidden in a dryer in the backyard. You will have to overcome the natural skepticism of the Court in believing this situation was on the “up and up.” It will be hard to say you were keeping the gun to protect your residence when the gun is located outside of the home. With respect to the false statement to a police officer during his investigation of a crime, you could be charged with obstruction under Penal Code § 148, which is a misdemeanor. Assuming the court believes your story, your husband could still be convicted of a parole violation if it is found that the gun was under his control. If they find his fingerprints on the gun, then the control issue will be hard to refute.

You need to hire an attorney to explore the issues outlined above.

Drew Allan Cicconi
Attorney at Law
310-925-8337

Disclaimer: This is a general discussion of legal principles by a California lawyer and does not create an attorney/client relationship. This is not intended to be legal advice in your specific case. It's impossible to give detailed, accurate advice based on a few sentences on a website. You should always seek advice from an attorney licensed in your jurisdiction who can give you an informed opinion after reviewing all of the relevant information in your case.

Drew Allan Cicconi

Drew Allan Cicconi

Posted

Last add: some of the other answers have me scratching my head. Most of the answers seem to ignore California Penal Code § 3067(a). We need to know the area of the law before we answer questions such as posed by this woman.

Stephanie Michelle Arrache

Stephanie Michelle Arrache

Posted

I agree with both of you, and was wondering a) why people were ignoring the validity of a parolee search in California, and b) why people were ignoring that access in California is so broadly applied that it seems to have been met. I also just wanted to comment that "Parolee Blues (The Gun in the Dryer saga)" is really funny.

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