Legal Question in Criminal Law in California
commited not convicted
A friend of mine is currently in jail for getting pulled over in a friends car
in wich there was a possession of a hand gun and a scale with drug
residue on it. My friend who is from California has previously been
released from CYA ehere he claims that he was never convicted of a
felony, just commited wich I think is the way California law works.
However Minnesota law officials are still treating him like a convicted
felon for having possession of a gun in the car. In addittion to this they
were unable tofind any fingerprints or DNA on this items, at least not
his. So I guess my question just really is do they really have the right to
treat him like a convicted felon when really he wasnt convicted in CA just
commited?? Please let me know as soon as possible he has court
tommorrow afternoon, but his trial starts 3 months from now I belive
although I'm not sure. He has been held for this charge fo the last 2
months.
Thank you.
3 Answers from Attorneys
Re: commited not convicted
California courts don't use the term "conviction" in most juvenile cases; instead, they simply find the allegations to be true. Such a finding is legally equivalent to a conviction.
Since your friend spent time in the custody of the CYA (California Youth Authority), there must have been a true finding in his case. Assuming that this finding involved felony charges, then he may properly be considered a felon.
Re: commited not convicted
The answer to your narrow question is in your friend's previous "criminal record," or priors. The prosecution will have to provide what they have on that to defense counsel. Defense counsel can also investigate his record independently.
The broader solution for your friend is to have legal representation by a good criminal defense lawyer -- to look at all potential defenses, from the justification for stopping the car, for the search, for the arrest, the lawfulness of any confessions or admissions, as well as potential evidence tending to prove or disprove each elements of each crime charged by the state. He needs a lawyer help investigate the facts and research potential legal defenses. If he would like to contact me to discuss, he is welcome to do so.
Re: commited not convicted
Ifhe wasn't convicted of a felony, he shouldn't be charged with this offense. Someone has to investigate his California record. I don't pretend to know how California works.
I assume that your friend has an attorney. If he doesn't have one, he'd better get one, pronto.
Herb Kroon
Herbert C. Kroon
Chesley, Kroon, Chambers, Harvey, and Carpenter Attorney at Law
75 Teton Lane
P. O. Box 327
Mankato, MN 56002-0327
(507) 625-3000
fax: (507) 625-2002
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