Legal Question in Criminal Law in California

On Fed. Prob. State Arrests Me

I have been on Fed. Probation for 2 yrs. with 1 yr. to go. State Sheriffs came to my home, no warrant, & PO unaware of the search taking place, No Fed. Agents assisting them. They said they were looking for drugs. My son let them in & they found a gun under my husbands dresser. I was not aware that he brought the gun back into our home. Husband signed affidavid stating he removed all guns at PO's request. Now Im being charged with Felon in Poss. of Firearm. Do I have defense of not knowing the gun was here?


Asked on 9/15/08, 10:13 am

4 Answers from Attorneys

Terry A. Nelson Nelson & Lawless

Re: On Fed. Prob. State Arrests Me

You have a defense to raise, that doesn't mean it will succeed. Discuss the defenses and strategy with your attorney who will have to make use of them, if possible, through appropriate suppression motions or at trial; any comments or 'advice' you get here is of no value except as education and guidance where to go for real help. Either hire private counsel or apply for the Public Defender. Old Chinese proverb: "Man who represent self have fool for client".

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Answered on 9/15/08, 2:32 pm
Edward Hoffman Law Offices of Edward A. Hoffman

Re: On Fed. Prob. State Arrests Me

Part of what the government has to prove in order to win a conviction is that you knew the gun was there. If the jury is not persuaded -- because the government's proof is weak and/or because you offer enough contrary evidence to raise a reasonable doubt -- then you should be acquitted.

You should expect the judge, the jury and the prosecutor to be skeptical of your claim. Defendants often claim not to have known about contraband in their homes, cars, pockets, etc. Many of these claims are not true. You will need a good lawyer to make the most persuasive argument possible for you.

Good luck.

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Answered on 9/15/08, 3:30 pm
Jacek W. Lentz Law Offices of Jacek W. Lentz

Re: On Fed. Prob. State Arrests Me

There are no shortcuts here - you need to get a good lawyer. You can retain one privately or get a public defender. There are definitely issues to be raised beginning with possible illegality of the search and the fact that you did not know about the gun. The latter is a defense but it will come down how credible you and your claim are.

Jacek W. Lentz, Esq.

310.273.1361

www.lentzlawfirm.com

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Answered on 9/15/08, 3:48 pm
Amy Ghosh Law Offices of Amy Ghosh

Re: On Fed. Prob. State Arrests Me

When is your court date? If you are in the Los Angeles area you can contact me.

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Answered on 9/16/08, 8:35 pm


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