Legal Question in Criminal Law in California

Re: in califorina can a loaded gun

Sorry but just because an ex girlfriend happens to be the DA or Deputy DA is not grounds to have the case thrown out. Having lived with your boyfriend for 5 years might not have been the best thing for either of them but it does not constitute any prosecutorial misconduct, unfortunately.

Your attorney could possibly look into ways to have the ex girlfriend removed from any involvement in the case.

Very best,

Jacek W. Lentz, Esq.

310.273.1361

www.lentzlawfirm.com

Re: in califorina can a loaded gun

I agree with Mr. Lentz's comments. Your question raises another issue which I want to address.

You say that the car was searched illegally, but you don't say why you believe this. If you are right then there would be a good argument for dismissal. My sense, though, is that you're wrong.

If the car was pulled over legally and the gun was in plain sight, that fact alone would have justified a search. You say that it was on the front seat, so my sense is that the officer saw it before he began searching the car. Under those circumstances the search would have been legal. It also would not have led to the discovery of the gun, since the discovery instead led to the search. Even an illegal search won't justify a dismissal if it did not uncover the evidence against the defendant.