Legal Question in Criminal Law in California

12021 a

I got into a arguement with someone.He was being passed a firearm by his friend.As the one guy passed it i snatched it.They ask for the guy back i told them to pick it up from the police.They called the cops and i was busted about a hour later.Now two years later the guy that called the cops that night is now admitting they had the guy and i took it.He gave my investigator a signed affidavit.Im pro per.What should i do?


Asked on 5/06/09, 5:03 am

3 Answers from Attorneys
Edward Hoffman Law Offices of Edward A. Hoffman

Re: 12021 a

You have left a lot of important facts out of your question. Why do you feel you need to do anything? Were you convicted of a crime? If so, what was it? How does this new "admission" affect your conviction?

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Answered on 5/06/09, 2:17 pm
Brian Dinday Law Offices of Brian R. Dinday

Re: 12021 a

You should read the case of People v. Rhodes [ 129 Cal.App.4th 1339, 29 Cal.Rptr.3d 226 ]. A convicted felon IS permitted to temporarily possess a firearm to defend himself. However, your problem seems to be HOW LONG you possessed it. An hour later (more?) you still had the gun and had NOT turned it into the police as you said.

If you have a real good reason why you didn't, you ought to be acquitted. I read your inquiry as being that you have active felony 12021a charges pending against you.

Why are you in pro per? This is a serious charge and you need experienced legal help. Do you really think you are a better lawyer than the Public Defenders? You stand little to no chance against an experienced prosecutor.

There are some missing facts here. If you want, you can call me to discuss. This case is right in my back yard. See my website at:

http://dinday.com/contact.htm

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Answered on 5/06/09, 4:36 pm
Brian Dinday Law Offices of Brian R. Dinday

Re: 12021 a

You should read the case of People v. Rhodes [ 129 Cal.App.4th 1339, 29 Cal.Rptr.3d 226 ]. A convicted felon IS permitted to temporarily possess a firearm to defend himself. However, your problem seems to be HOW LONG you possessed it. An hour later (more?) you still had the gun and had NOT turned it into the police as you said.

If you have a real good reason why you didn't, you ought to be acquitted. I read your inquiry as being that you have active felony 12021a charges pending against you.

Why are you in pro per? This is a serious charge and you need experienced legal help. Do you really think you are a better lawyer than the Public Defenders? You stand little to no chance against an experienced prosecutor.

There are some missing facts here. If you want, you can call me to discuss. This case is right in my back yard. See my website at:

http://dinday.com/contact.htm

Read more
Answered on 5/06/09, 4:37 pm


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