Santa Clara, CA asked in Criminal Law for California

Q: How can my son be charged with possession of a firearm by a felon. When the guns were found in the owners trunck.

My son is on probation well on 3-11-17 he was arrest for the above charge him and 2 of his friends came to were we live on 22 ackers and were shooting the guns well the cops came searched the property after being told not to went into his friends car found the guns took my son to jail let the gun owners walk with no court dates and my son still in jail.

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2 Lawyer Answers
William Mihrtad Paparian
William Mihrtad Paparian
Answered
  • Criminal Law Lawyer
  • Pasadena, CA
  • Licensed in California

A: Clearly an issue of illegal search and seizure is presented by this fact pattern and should be resolved at a 1538.5 motion. If your son is on probation then he was probably subject to search conditions without probable cause. Nevertheless, those search wouldn't include a motor vehicle registered to someone else.

Ali Shahrestani, Esq.
Ali Shahrestani, Esq.
PREMIUM
Answered
  • Criminal Law Lawyer
  • San Francisco, CA
  • Licensed in California

A: The law is strict re: possession of weapons by a felon, however he might qualify for an "innocent" or "fleeting" possession defense. It depends on the facts.

See: http://www.aeesq.com/criminal-defense-lawyer/criminal-defense-law/

See: http://www.aeesq.com/2015/07/10/why-the-innocent-plead-guilty-and-what-we-should-do-about-it/

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