Legal Question in Criminal Law in California

How long does the DA have

On August 9, 2007 I was approached by an officer while I was in the car and asked me to roll down the window. He said he smelt marijuana coming from the car and asked me to turn off the engine. He then came around to my side and asked me to step out of the car. He then asked if I had any weapons in the car. I told him I had two loaded guns in the car. One under my seat and one in a zipped duffel bag in the back seat. They are both registered to me. They also found about 21 grams of marijuana. I sat handcuffed in the back of a squad car for about an hour and a half before they released me. They kept my medicine(marijuana) because my Dr. recommendation was expired. They also took my two guns. I wasn't issued a citation or anything for my guns or medicine(marijuana). The CHP officer said he was taking them for safe keeping because he believed I was under the influence of marijuana and so he could do further research on this matter. He said I could call the CHP next week to check on getting my guns back. I called the CHP on August 15th and the property officer said that the matter was being sent to the DA's office. Two felony gun charges and a possession charge. How long do I have worry about charges being filed or against me? Thanks.


Asked on 9/25/07, 6:48 pm

1 Answer from Attorneys
Michael Stone Law Offices of Michael B. Stone Toll Free 1-855-USE-MIKE

Re: How long does the DA have

My best guess is the case is a DA reject, but you aren't quite ready to celebrate yet. Forget about ever getting your pot or guns back. August 2010 or so would be my guess. Since you are in the habit of speaking to the police, you need to view the video, Busted: A Citizen's Guide To Surviving Police Encounters. And carrying loaded guns, even in the trunk in a locked case, is illegal.

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


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