Legal Question in Criminal Law in California

If there were 3 people living in a house one was a ex felon and wasnt home and a gun was found in his room but wasnt his nor did he have any knowledge of it bein in there would it stand in trial

Asked on 10/31/19, 9:37 am

1 Answer from Attorneys

Terry A. Nelson Nelson & Lawless

"stand" at trial?

You said it was 'his room' in the house, and a firearm was found in 'his room', which indicates it was under 'his' control and possession. Claiming he didn't know about it does not seem very credible. He would need a lot of credible testimony and evidence to prove he didn't know.

I'd say his attorney if going to have difficulty trying to prevent the prosecutor from proving to a jury that he was a 'felon in possession', which carries a stiff prison sentence and a 2nd strike.

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Answered on 10/31/19, 11:11 am

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