Santa Rosa, CA asked in Criminal Law for California

Q: Is a short cellphone video of me holding what appears to be a shotgun enough to convict me in a criminal court?

I'm being charged with 4 felonies 3 of them are strikes. I met this girl @ the casino she was flirting brought her home she later had her boyfriend come over when I was telling them it was time to gothe boyfriend handed me replica shotgun while she took a video of me holding it. Called the police and after I was arrested emptied out my house. There was no gun found and my attorney is telling me to take the fellon in possession with a firearm plea. It don't seem write I don't have nor have ever had a gun.

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

A: Being in possession or control a firearm is sufficient to support a charge of PC 29800 (felon w/firearm).

Given what you described, you got duped by a couple of con artists. The video may provide evidence that the shotgun was, in fact a replica, in which case you aren't guilty of the offense. It may take a forensic expert in breaking down the video frame by frame to prove it but you have to decide if the cost is worth more than serving up to 3 years of jail time.

The recording of the "tip" by this couple to the police may also provide useful info as to their identities as they sound like they're pro's at taking advantage of ex-felons and, who knows, there might be open investigation of similar incidents by them.

I suggest consulting with or hiring a new attorney before taking the plea deal.

1 user found this answer helpful

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

A: more info needed.

is there any other evidence of you with a shotgun?

can you prove it was a replica?

the phone call you?? made to the police, may be helpful in proving your story?

often lawyers suggest pleas, which when balanced against a conviction, make sense at the time.......but not always.

Joseph Abrams
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Answered
  • Criminal Law Lawyer
  • Santa Ana, CA
  • Licensed in California

A: First, as general matter, video evidence is obviously very strong evidence - whether it is being used to prove or disprove the charges. In your case, if the gun is a replica as you say, the video may be helpful in proving that. Conversely, it could provide evidence of your possession of a firearm. Bottom line, you need to consult with an attorney to review the strength of the evidence and decide on a litigation strategy.

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