Legal Question in Criminal Law in California

EX-FELON IN POSSESSION OF FIREARM W/PREVIOUS NARCOTIC CONVICTION.

The above is one charge that I have been charged with.

I have never had a fellony charge for this. There was a charge in 1993 that was reduced to a mistameamer, so how are they charging me as a fellon? I thought felon was defined as a person with a fellony?

Or am I reading incorrectly?


Asked on 1/24/12, 4:27 pm

3 Answers from Attorneys
Zadik Shapiro Law Offices of C. Zadik Shapiro

Sometimes they make mistakes.

I assume if you have been charged you have a lawyer. If not you need to get one immediately. Your lawyer will review your rap sheet and advise you properly.

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Answered on 1/24/12, 10:33 pm
Anthony Roach Law Office of Anthony A. Roach

It sounds like they may have an error. There is a tendency right now for the prosecutor to rely on information from CLETS, which may be inaccurate. At the time of your arrest, you may have been charged with a felony, but it sounds like to me that you were convicted of a misdemeanor. Prior to the use of CLETS, the prosecutor used to get copies of the actual judgment in the prior case, to use to prove an allegation such as a prior felony.

I hope you get an attorney. If you can't afford a private attorney, you can ask the court to appoint you the public defender. A public defender should be very familiar with the law I just set forth, and be able to get the matter quickly resolved.

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Answered on 1/25/12, 9:02 am
Terry A. Nelson Nelson & Lawless

Errors in charging happen. Your attorney will deal with it by motion or otherwise once the court proceedings and hearing start.

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Answered on 1/25/12, 12:12 pm


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