Legal Question in Criminal Law in California

You need to see a lawyer right away and go over all of the details. Its hard to tell based upon the limited information you gave in the post but the search sounds questionable.

As a Former Deputy District Attorney and a Certified Criminal Law Specialist, our office has handled many cases like yours. The government has to prove you knew the weapon was in the car. You should speak with an attorney as soon as possible and try to get a statement from the other occupant in the car. Most criminal defense attorneys offer free consultations, so speak to a couple and choose the one you feel has the most experience and will fight for you. I wish you the best. ...........David Wallin

Was any evidence of a crime visible to the police before they started searching the truck? If not, they needed your friend's permission (or perhaps yours) or a warrant to search it. Otherwise the search was illegal and the evidence they found should be excluded.

Even if the search was legal, that's not the end of the story. Mr. Wallin correctly notes that the government must prove you knew the gun was present. It must also prove you knew it was a gun -- as opposed to, say, a toy.

But the fact the car wasn't yours is not terribly important. Passengers routinely have possessions with them, and this bag was supposedly on the floor in front of your seat. That doesn't prove it was yours, but it supports that inference.

That you aren't on probation or parole also doesn't exonerate you. Felons are not allowed to possess firearms even after their probation or parole has ended. There are sentencing enhancements for defendants who still are, and at least you aren't faced with those. But you can still be convicted of being a felon in possession of a firearm.

You need a good defense lawyer ASAP.

Good luck.

What to do??

You defend against the charges, as in any other criminal case.

When charged with any crime, the proper questions are, can any evidence obtained in a test, search or statement be used against you, can you be convicted, and what can you do? Raise all appropriate defenses with whatever witnesses, evidence and sympathies are available. If you don't know how to represent yourself effectively against an experienced prosecutor intending to convict, then hire an attorney who does, who will try to get a dismissal, charge reduction, diversion, programs, or other decent outcome through motions, plea bargain, or take it to trial if appropriate.

If serious about hiring counsel to help in this, and if this is in SoCal courts, feel free to contact me. I�ll be happy to help fight and get the best outcome possible, using whatever defenses and sympathies there may be.