Legal Question in Constitutional Law in California

I was falsely accused of minor vandalism by a guy who stole my wife. After my first appearance in court I obtained a 30 day delay so I could seek counsel. The DA demanded a CPO be placed on me against the person who filed to false charges. No Due Process was provided before the DA just without good cause places a CPO against me.

2 days before my court date the California DOJ shows up at my door and arrests me for possessing a handgun that I legally own. I have committed NO crime, I am a victim of false allegation to which I was ready and able to defend against in court but wasn't given the opportunity.

Does this violate my civil rights? Do I have a case against the State or the DA?


Asked on 7/27/17, 8:36 am

1 Answer from Attorneys

If you retained possession of fire arms after a CPO was issued, that's your fault for not complying with the CPO provision that you surrender any firearms. If the court issued a CPO, the court found there was good cause to issue the CPO. The hearing at which you requested a delay was sufficient due process for a short term CPO until the next hearing. You are not entitled to a full trial for a short-term temporary CPO, especially when it was issued because you requested a delay. If you disagreed with the order, your remedy was to appeal, not just ignore the order and keep your gun. That's a crime, as you have found out.

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Answered on 7/28/17, 12:25 pm


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