Norwalk, CA asked in Criminal Law for California

Q: I do have a background mostly drug charges 47 now. Getting ammunition charge how much time could I face

I had just bought the car the bullets were inside the trunk I had been being harrassed by one cop thruout all of 2020 and he seen me pumping gas at a station and rolled up on me even though at the time I was not driving he still impounded my car and took me in. Over a 3 month period I think he took me to jail at least four or five times. My adult son was with me in the car this last time and when.the cop asked me if he were to find anything in the car whos would it be I did say mine but I.didnt know there was bullets in the trunk. I had just bought the car a day prior. But when I appeared in.bellflower court they bound it over to norwalk court saying that because I made the statement anything found in the car is mine.

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2 Lawyer Answers
John Karas
John Karas
Answered
  • Criminal Law Lawyer
  • Temecula, CA
  • Licensed in California

A: Ordinarily. a LEO (Law Enforcement Officer) does not have the right to search the trunk of your car without your consent OR you have a conviction that you agreed to warrantless searches under the terms of probation (drug related misdemeanors commonly do) or parole (if you were previously convicted as a felony) that allow a search. Having ammo (loose or otherwise) in the trunk of the car is not illegal unless you have a prior felony.

Your question raises several issues that you should discuss in private with an attorney. I suggest that you contact an experienced criminal defense attorney for a consultation and fee rate quote. From what you stated, it sounds like you may have several potential defenses to the charge(s) filed against you.

Lastly, don't post anything else here or on any other public forum as anything you say is not privileged and LEO's check forums like this for incriminating statements.

Disclaimer: The answer provided is not legal advice. No legal relationship has been created until retention of counsel.

David Michael Lehr
David Michael Lehr
Answered
  • Criminal Law Lawyer
  • Ventura, CA
  • Licensed in California

A: You may be able to win the case. However, your charge can be a felony or misdemeanor. In my area, they usually end up a misdemeanor with a one year maximum sentence. Usually, my clients do two weeks of jail or less.

Good luck.

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