Legal Question in Criminal Law in California
for screenplay - california law
I am writing a screenplay which is based in California and i want to know if a lawyer is caught with guns which and does not have a permit rather he says they arent his or not can he be disbarred? another question would he have to stop practice at this time and if so how long? also he would be able to make bail? thanks for your help.
2 Answers from Attorneys
Re: for screenplay - california law
Mere possession of guns without a permit is not a very serious crime. It likely wouldn't result in bar discipline at all, let alone disbarment. Even if the bar wanted to pursue this, nothing would happen unless and until the lawyer was convicted. The process might be relatively slow even then, and the lawyer would almost certainly be able to continue practicing unless and until the proceeding was resolved against him.
Whether the hypothetical lawyer would be able to make bail has little to do with the (hypothetical) fact that he's a lawyer. Minor crimes involve low bails (or no bail at all), and defendants who are lawyers would probably not get hit with higher amounts than would others. Unless the lawyer has some serious money problems, chances are good that he would be able to come up with bail.
Re: for screenplay - california law
I already answered your question. This is the West. You don't have to kiss up to some bureaucrat for a permit to own a gun. You go out and buy one. Unless you misuse it in some way, or you are a person prohibited by law from owning or possessing a firearm, nothing would happen if you were "caught with" a lawfully obtained firearm.
Attorneys are subject to discipline by the State Bar of California if they are convicted of crimes involving "moral turpitude" such as theft or fraud. An accusation of a serious crime involving moral turpitude can cause a lawyer to be involuntarily inactively enrolled pending the disposition of the criminal charges.
I think you should write screenplays about topics on which you have some knowledge.
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