Legal Question in Criminal Law in California

I was charged with possession of a collapsible baton. How can I fight this? It was not intended for use as a weapon. Are there any other cases where the person was found innocent? Or at least given a break and charged with misdemeanor or infraction instead of a felony? What are some uses that could be common for a baton?


Asked on 12/23/10, 3:16 pm

2 Answers from Attorneys

Terry A. Nelson Nelson & Lawless

If charged with a felony, you face potential prison time if convicted. As a misdemeanor, then you face up to a year in jail. When arrested and charged with any crime, the proper questions are, can you be convicted, and what can you do? Defend the charges. Go to court, enter a not guilty plea, arrange bail reduction or O.R., set up and attend the court hearing[s] and trial date[s]. File evidence suppression or other motions as applicable. Raise all the available defenses with whatever admissible and credible witnesses, evidence and facts are available for legal arguments for motions, plea-bargaining, or at trial. Go to trial if it can't be resolved with motions or a plea bargain. There is no magic wand to wave and make it all disappear. If you don't know how to do these things, then hire an attorney that does, who will try to get a dismissal, reduction or other decent outcome through plea bargain for you, or take it to trial. If serious about doing so, feel free to contact me. I�ll be happy to help you use whatever defenses you may have. If you can't afford private counsel, you can apply for the Public Defender.

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Answered on 12/28/10, 3:44 pm
Brian McGinity McGinity Law Office

Mr. Nelson's answer is very well said. The questions you're asking are some of the questions that an attorney would ask. However, it also sounds like you're not attorney or you would not be asking the questions. It is always possible to find cases with similar facts that are treated differently. However, that is not what you are dealing with. If you have been charged with a felony, you have been charged with a very serious crime. It is time to stop talking and start acting. You need an attorney. You will not be able to do this yourself. In fact, I don't believe any judge would let you do this yourself. You need to put together your resources and find out if you can afford an attorney. Then get on the phone and start shopping attorneys. If you find you can not afford an attorney then a Public Defender will be appointed for you. PD's are very good attorneys trust them and listen to your attorney's advise.

Good luck

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Answered on 1/01/11, 12:28 am


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