Legal Question in Criminal Law in California
My boyfriend was arrested today in a Parole Sweep. Police came to the house. He is in custody and being held for possesion for a controlled substance and also for having a firearm. The firearm in question belongs to his mother to whom it is also registered to. Police found the firearm in the garage in a tool box and NOT LOADED. However, I called to find out what he was being charged with and was told by the jailer that the paper work stated that the firearm was loaded. IT WAS NOT. HELP!
Thank you for your time..
3 Answers from Attorneys
Loser-boyfriend is a parole violator whether or not the firearm was loaded; and he might pick up new cases for the drugs, and for being a felon in possession of a firearm, in addition to the parole violation.
Being loaded or not won't necessarily be the issue. As a convicted felon, he cannot possess a firearm, whether loaded or not. There is a separate crime for a felon possessing ammunition, too.
The issue may be whether or not he had "possession" of the gun - that's something for his attorney to explore in light of all the evidence and witness statements.
He needs an attorney. Gun possession cases are really tricky, and the fact that the gun was registered to someone else legally entitled to possess it does not help him, if it was in a location he could reach and get access to. From your post, it sounds as though it was, and that is a big problem.
Related Questions & Answers
-
I would like to get my record expunged for employment reason how do i do that? Asked 4/19/11, 5:04 pm in United States California Criminal Law
-
What is 594(B)(1) & 245(A)(1) my grandson was arrested for these could you... Asked 4/19/11, 4:47 pm in United States California Criminal Law
Looking for something else?
10,200 active attorneys ready to answer your legal questions today.
Featured Attorneys
Earn additional revenue and grow your business.
