Legal Question in Criminal Law in California

Can you explain to me what it means when the plea entered is not guilty followed by the enhancement on it listed as denied. For example Section 12021 (a) (1) F Possession of Firearm By A Felon Plea entered NOT GUILTY and then the following charge is 186.22 (b) (1) F ENH-Criminal Street Gang and the plea entered reads DENIED.

My question is in regards to denied. Does this mean the enhancement is denied or the entered plea of not guilty denied. Im confused. If anyone could further explain this..I would greatly appreciate it.


Asked on 10/20/09, 10:15 pm

2 Answers from Attorneys
Robert Marshall Law Office of Robert L, Marshall

Admitting or denying the enhancement is the equivalent of pleading guilty or not guilty to the crime.

When the defendant denied the enhancement, he was saying the government will have to prove he committed the crime for the benefit of a gang. If the prosecution can't prove the main charge, the enhancement goes away.

A defendant has an absolute right to plead not guilty (and deny any enhancements).

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Answered on 10/20/09, 10:33 pm
Terry A. Nelson Nelson & Lawless

You've pled not guilty to the charge and to the enhancement alleged, as you should. Now get an attorney to defend you. If serious about doing so, feel free to contact me.

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Answered on 10/21/09, 5:19 pm


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