Los Angeles, CA asked in Criminal Law for California

Q: My husband escaped a mcrp program and when apprehended they found a gun whats the process to them adding the charge

I told the police it was mine but they still trying to charge him

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

A: The DA's Office files the criminal complaint. If, as I suspect, your husband was convicted of a non-violent felony to be in the MCRP, it's unlawful for a him to be in possession of a firearm which is a separate felony charge.

By telling the police that gun was yours, you also face potential exposure to criminal charges being filed against you. I suggest that you hire a criminal defense lawyer for not only your husband but also for yourself.

1 user found this answer helpful

Dale S. Gribow
Dale S. Gribow
Answered
  • Criminal Law Lawyer
  • Palm Desert, CA
  • Licensed in California

A: IT IS UP TO THE DA HOW THEY FILE.

I AM SURE THEY ARE LOOKING AT HIS POSSESSING, NOT OWNING THE WEAPON.

THAT IS WHAT IS ILLEGAL AND I SUSPECT A VIOLATION OF ANY PAROLE OR PROBATION SENTENCE.

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