Legal Question in Criminal Law in California

possible criminal charges

During a traffic stop on August 9, 2007 I had two loaded guns that were in my car seized from me and not returned to me. The CHP office told me on August 16, 2007 that two felony charges of possesion of concealed weapons were going to be filed against me along with possesion of marijuana charge. I had a Dr. recommendation that was expired so they seized my marijuana(21grams-approx.). I have since had my Dr. recommendation renewed. Officer Palacio of the CHP told me if i did not hear from the DA's office by August 22, 2007 that I should contact them. As of today i have still not been contacted by the DA's office regarding this. How long should I wait before I should for the return of my guns and medicine?


Asked on 9/25/07, 9:58 am

2 Answers from Attorneys
Terry A. Nelson Nelson & Lawless

Re: possible criminal charges

"Return of your guns and 'medicine' "? You're joking, right?! It is highly unlikely that the guns will be returned, and virtually guaranteed the dope won't be. You'd have to convince a judge to return them via a court order to the police, so get an experienced attorney to TRY to do so if you're not charged. Definitely get one if you are charged; you face potential prison time if convicted.

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Answered on 9/25/07, 1:06 pm
Edward Hoffman Law Offices of Edward A. Hoffman

Re: possible criminal charges

Mr. Nelson is right. You are not being realistic if you think the police will just give you back what you were carrying illegally.

A delay in prosecuting you does not mean the prosecution won't happen, and it certainly doesn't change the fact that you broke the law. Further, to the extent that a doctor's recommendation makes it legal to have marijuana, the recommendation has to be effective at the time of the possession. You can't retroactively legalize a possession that was illegal at the time.

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Answered on 9/25/07, 5:00 pm


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