What charges does my son face for 1st time gun possesion at 18 yrs

Asked over 2 years ago - Fresno, CA

Cops were called out to my neighborhood for gun shots in air on 4th of july. Cop asks me "is it ok to check your apt to make sure nobody ran in ur home" I said yes but instead they started tearing up my sons room looking for a gun. They found a different type of gun. then they asked is it ok to search for the .40 cal I said no. my son was released after 5 hrs with a felony. He had a sawed off .410 single shotgun. They still looked even after I told them they couldnt. What are our rights and how much time is he looking at? He made a statement in booking admiting to the gun being his after buying in on the street. Cops tryed to intergate him into telling them who else had guns and they would drop his charge.

Attorney answers (3)

  1. Sarah Lynn White

    Contributor Level 13


    Lawyers agree

    Answered . You need to consult with local defense attorneys soon. This is a serious charge and from the details you describe there may be a viable motion to suppress the gun and therefore the statements. It seems they were searching for a gun all along, but got permission only to search for a person. In the future do not let the police in your house without a warrant (unless of course your son winds up on probation for this charge, then you will have no choice while he lives with you). Tell your son to make no further statements to the police and do not post any more details on the internet. Many attorneys offer free consultations. If you cannot afford an attorney have your son ask for the public defender. He is not a juvenile either so I will retag this for you.

    The information provided is not intended as legal advice and does not establish an attorney client relationship.... more
  2. Rodney Richard Rusca

    Contributor Level 5


    Lawyers agree

    Answered . He has rights to be free from an unlawful search and seizure. You gave consent, but officers may have acted outside their scope (searched beyond what you authorized). If the evidence is excluded, his case will be dismissed. Alternatively, he could go to trial and say the gun wasn't his. With the admission and the location of the gun he may be in trouble. Assuming his record isn't too bad, the District Attorney may offer him felony probation. Felony probation comes with a punishment and probation. The punishment could be a number of days in the work program or some time in local jail. Probation requires him to stay out of trouble and do what his officer says. I would have to see the charges, but worst case scenario for most felonies, he could face up to 3 years in prison, but would only spend half of the time incarcerated and it would be local time. An even better offer would be a misdemeanor, but the DA in Fresno has a tough policy on guns. It would depend on the evidence and his record. The misdemeanor carries much less punishment and probation is not as difficult.

  3. Harry Edward Hudson Jr

    Contributor Level 20


    Lawyer agrees

    Answered . Now you understand why you tell cops no untul they get warrant.Cops NEVER inerview a suspect, they only interrogate.
    There may be issues of extent of permission to search.Hire an attorney or request one at arraignment.
    Cannot answer question as to what he is gacing [time] as DA , not cops, determine charges to be filed. Your facts could permit a negligent discharge of a firearm which could be a felony and a strike.

    The above is not intended as legal advice. The response does not constitute the creation of an attorney client... more

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