Defending Against Weapons Charges in California
...just to get another opinion...i would appreciate any advise and any comments/ opinions....
I recently caught a case. I have 6 charges and 4 of them are gun charges. I have a co-defendant, who is on parole; therefore, not eligible for bail. As for me, this is my first time facing criminal charges; therefore I posted bail at 48K.
Q:Is there anyway that my co-defendant can be eligible for bail? What standards effect his parole hold from being lifted?
I have been to all my court hearings and I have my own attorney who is a crimal defense extraordinar. Well at least that is what I hear. My crimie also has a paid attorney with the same rep.
Q:Do you think we get more respect attaining a paid attorney vs a public defender? Why and How so?
Right now, I am awaiting another court appt. We have just finished our preliminary hearing and I guess that we are getting to the trial stage, right?
In which, I hate the idea of it-because of the possible outcomes for the maximum terms.
What motions can be filed? What comes after preliminary hearings? What is the best way to go about it?
What took place:
Basically my boy and I were arguing in a public area. The other people in the area noticed our verbal altercation and flagged and pointed a marked police car towards our direction. At this point, we were both in the car; but before the officer pulled up, my co-d was just getting into my car. I then, parked my car and told my co-defend to approach the officer.
The officer asked for id and then asked to search my co-defendant. The officer found some drugs in his back pocket and arrested him and put him in the cop car. Then he asked to search my car. I replied no because I did not waive my 4th. He then arrested me for being under the influence.
The car was not fully registered under my name. It was also locked. But the officer went in through my sunroof with his baton and unlocked my car through there.
Was this allowed and was it legal and ethical for the officer to do so?
After, he got in my car, he found a gun under my seat. The gun was not reported stolen. it had noot been reported until after the officer traced it back to the owner and called to verify and see if he was aware of the fact that I had his gun in my possession. Thereafter, the officer encouraged the owner to file a report. He did. From what I know, the gun was purchased in a pond shop, according to the guy that sold the gun. The paperwork was in car; but after I picked it up from impound, no longer to be found. Now, it is unable to be found. The guy is no longer in this state and is unreachable.
What do you think about the situation? Was it ethical for the cop to go into my car even after it was locked? Was it ethical to encourage a report to be filed if the owner was unaware? Can I trace the paperwork from the pondshop through a database site? What would be an ideal outcome and what do I need to prove this ideal outcome?
We sat in the holding tank for many hours. They refused my request for a phone call because they were busy. I stated that I would like to call my attorney they suggested that I will be able to call from the actual jail facility.
While in the tank, they performed many tests. The romberg and blood tests. They took statements from the both of us. I told them that I wanted my attorney present before I gave a statement.
Meanwhile, the tow truck driver radio'ed the police to notify them of a bag that was found on the same street we were arrested on. A pedestrian noticed it and alerted the tow person, in turn called the officer to the site. And now, my co-defend was being held accountable for that gun.
Can you refer me to similar cases that were dismissed, taken to trial, other similar charges and the outcome and sentencing w/ a plead bargin/after trial? The process of record expungment and to what extent is it's exsistence available and to whom it is available to?
Facts:
One officer witness
There were 2 guns involved. One of which was under the drivers seat in my car. The other was found hours after and while we were in the holding tank and was noticed and found at the opposite side of where we were apprehended.
The co-defendant is my boyfriend who I have been with for about a year.
The both of us are in good terms, in fact, we are still together.
I feel like the situation was mostly my fault and I feel responsible for my boys incarceration.
The drugs were found in my boys back pocket, none in my possession.
My boy bailed me out and paid for my attorney. I don't have that kind of money.
Let's jusst say, if I were to say, none of the items were mine, I was trying to protect a certain some one from a long term sentence because of their parole situation. I would like to persue a career in dental forensics and I am currently in the Dental field with aspirations to apply at amiable universities. For certain, felony charges would hurt my future and my dreams.
What should I do? What can I do? What should I expect? A prison term? How long? When will I be able to completely expunge these charges? Can I still be a part of a forensic task force?
What can I do?
I know that I shouldn't put myself in that position; but it's more complicated than that. I was going through my mourning process and got involved with the wrong kind of people. one thing lead to another. I lost a lot of things and my boy helped me through all of my hardships. I dont want to dismay him. I want to stay loyal and I am not a snitch. Am I wrong for feeling this way?
Re: Defending Against Weapons Charges in California
Next time, condense the novel down to a few sentences and a couple of questions.
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Quoting annie-mal@mail.com
Q:Is there anyway that my co-defendant can be eligible for bail? What standards effect his parole hold from being lifted?
Unless the state lifts the bail, he or she is not going to be subject to bail. He will likely remain on a hold ofr up to 30 days. if they do not decide to send him to a Parol Hearing, then the hold could be lifted and he might be subject to bail any time up to that point.
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Q: Do you think we get more respect attaining a paid attorney vs a public defender? Why and How so?
Respect from whom? A well-respected attorney that knows nothing about local court procedure and has little experience with your type of case is worthless. A little-known (outside the local court system) public defender with a lot of face time with the players in the local courts can make a much bigger impact than a high-priced out of town muck-a-muck.
"Respect" does not necessarily equate to effectiveness.
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What motions can be filed? What comes after preliminary hearings? What is the best way to go about it?
Ask your respected attorney.
Generally he is not going to file motions just for the heck of it ... but, on the other hand, since you pay him by the hour he might be willing to make motions if you really want him to. The question is, do you want motions to make him look busy? or do you want him to be effective? Grinding down the court's patience with frivolous actions does NOT endear an attorney to a judge.
After the prelim comes readiness conferences, possible motion hearings - maybe evidence suppression hearings if this is applicable, jury selection, and, eventually, trial.
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Basically my boy and I were arguing in a public area. The other people in the area noticed our verbal altercation and flagged and pointed a marked police car towards our direction.
It must have been a TAD more serious than an "altercation".
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The car was not fully registered under my name. It was also locked. But the officer went in through my sunroof with his baton and unlocked my car through there.
Whose name WAS it registered under? If it was also registered under the parolee's name, then he could generally search it. But, since you were both arrested, he was able to conduct an inventory of the vehicle prior to impound.
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Was this allowed and was it legal and ethical for the officer to do so?
Yep!
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After, he got in my car, he found a gun under my seat. The gun was not reported stolen.
Either way, you committed a crime if the gun was loaded. I'm gonna guess it was.
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What do you think about the situation? Was it ethical for the cop to go into my car even after it was locked?
Yep. There is ample case and statutory law authorizing him to do so if he impounded hte vehicle.
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Was it ethical to encourage a report to be filed if the owner was unaware?
Sure! What's unethical about encouraging someone to make a crime report when their gun was stolen?? Had he NOT reported it stolen he could then become liable for damages inflicted by the user of the firearm before and after that time.
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Can I trace the paperwork from the pondshop through a database site?
No. Pawnshop records are not public records. If you think this is a viable line of investigation, mention it to your well-respected attorney.
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What would be an ideal outcome and what do I need to prove this ideal outcome?
I'd say the ideal outcome for you would be acquittal. An ideal outcome for society might very well be a conviction. You hang with doper parolees, carry stolen guns in your car, and then either hide or lock keys in the car to keep the cops out (thus showing consciousness of guilt). Had it been me, I probably would have liked to shatter the driver's side window to get in ... okay, I probably would have let the tow driver try first, but it would be cathartic. :D
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Meanwhile, the tow truck driver radio'ed the police to notify them of a bag that was found on the same street we were arrested on. A pedestrian noticed it and alerted the tow person, in turn called the officer to the site. And now, my co-defend was being held accountable for that gun.
ANOTHER GUN?!?! :rolleyes:
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The process of record expungment and to what extent is it's exsistence available and to whom it is available to?
Expungement will depend on what (if anything) you have and will be convicted of. Ask your attorney or check out the website at http://www.courtinfo.ca.gov
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The both of us are in good terms, in fact, we are still together.
I feel like the situation was mostly my fault and I feel responsible for my boys incarceration.
You are each likely going to have different attorneys, and chances are each of your attorneys will try to put the blame on the other for the guns.
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My boy bailed me out and paid for my attorney. I don't have that kind of money.
Does he have a good paying job? If not, he just gave the prosecution some potentially good information ... unemployed and sufficient resources for bail and a private attorney? Woof!
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For certain, felony charges would hurt my future and my dreams.
Then what are you doing hanging around with armed and dangerous convicted felons?!?
There seems to be a common sense disconnect here.
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Can I still be a part of a forensic task force?
Hanging around with parolees would nix you from ANY law enforcement agency in CA I am aware of! Any background investigation that found you were hooked up with a parolee and had been arrested for this kind of offense would automatically send you to the bottom of the pile even if you are ultimately found "not guilty".
GOOD JUDGEMENT is a big part of the background process. So far, you have exhibited an incredibly small amount of it.
- Carl