Legal Question in Criminal Law in California

Arrested after probation completed for purchasing ammunition while on probation.

While on probabtion for a drug charge in California, after serving 5 years in prison, I purchased bullets. About 3 months later my probation was completed but I was arrested and charged with ''ex-con with bullets''. I neither had bullets nor weapons on my person or immediate vicinity. I bailed out of jail. What do you suggest? What should I expect.


Asked on 11/13/08, 4:03 am

4 Answers from Attorneys

Terry A. Nelson Nelson & Lawless

Re: Arrested after probation completed for purchasing ammunition while on probation.

I 'suggest' you hire an attorney to defend against the charges that could put you back in prison on the new felony and on the probation violation. Your email here could be used as a confession in court, I don't suggest you continue discussing this publicly. If the case is in SoCal, feel free to contact me if serious about getting legal counsel.

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Answered on 11/13/08, 1:18 pm
Edward Hoffman Law Offices of Edward A. Hoffman

Re: Arrested after probation completed for purchasing ammunition while on probation.

I think I misunderstood part of your question when I posted my prior response. What I wrote is correct, but it does not address your question as clearly as it should have.

The charge you describe is not a probation violation. If your probation had already ended when you purchased the bullets, then the purchase did not violate your probation terms. However, it is a crime for somebody who has been convicted of a prior felony -- whether he is still on probation or not -- to possess ammunition. (See Cal. Penal Code section 12316(b)(1).) That is what you have been charged with, and you need a lawyer to defend you.

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Answered on 11/13/08, 1:42 pm
Jacek W. Lentz Law Offices of Jacek W. Lentz

Re: Arrested after probation completed for purchasing ammunition while on probation.

As a convicted felon, you are not allowed to possess firearms or ammunition. This is potentially a serious charge especially if you have been to state prison before.

You need to get a lawyer, no ifs or buts about it. If you cannot afford private counsel, you should be eligible to be represented by a public defender.

Feel free to contact me if you are looking to retain a lawyer in Southern California.

Jacek W. Lentz, Esq.

310.273.1361

www.lentzlawfirm.com

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Answered on 11/14/08, 12:58 am
Edward Hoffman Law Offices of Edward A. Hoffman

Re: Arrested after probation completed for purchasing ammunition while on probation.

Get a lawyer. What matters is not whether you had bullets on your person when you were arrested but rather that you possessed them at some point in time after being convicted of a felony. If the D.A. can prove this, then you will likely be sent back to prison.

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Answered on 11/13/08, 1:13 pm


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