Legal Question in Criminal Law in California

Re: Position of a Deadly Weapon

I assume you meant "charged" when you state in the first line that you were "convicted". You should consult, at the very least, with a lawyer. Depending on the facts and your record you may be risking a jail term, if convicted. In addition, you might be subject to serious collateral consequences, such as long-term prohibition of firearms, if convicted. In sum, go get a lawyer.

Re: Position of a Deadly Weapon

Possession of a Dangerous or Deadly Weapon can indeed carry a jail term (even substantial state prison), but it does not necessarily have to. Much depends on the individual facts of your case. By way of example only, I recently represented someone charged with possession of a loaded firearm in a vehicle, and, just as you suggested, we settled for a lesser charge and probation with no jail imposed at all.

Your prior record; why you had the weapon and how/where you had it; what impact this will have on your future; and the quantum of evidence against you/legality of the stop/seizure will all factor in on whether the DA in your case offers something less than the currently charged crime. For example, a person with no prior record who is working as a security guard to get through the police academy will stand a much better chance at obtaining a sweet deal without the need to go to trial, than, say, a person with any history of violent crime or a gang member who had a loaded weapon in the area of children. Furthermore, if there are any issues regarding the legality of the stop, search, or arrest, this will weigh heavily on the side of a more favorable disposition for the defendant. In my opinion, it may be wise, if you have no prior criminal record, and if you can qualify for the appointment of the Pubic Defender, to go to court and request the PD, and see what offers you are given. Of course, it is always a good idea to consult with a private attorney, especially in light of the fact that so many of us [criminal defense lawyers] offer free consultations with no obligation. In any event, if you are not completely comfortable with the offer the Public Defender gets for you, then you are free to hire a private attorney to take over. But if your big worry is jail time and your facts are favorable (write down every favorable fact you can think of and hand it to your Public Defender), there is a very good chance that your worries will soon be laid to rest.

I wish you the best of luck. If you'd like more information, contact me directly at 800-515-0233 or [email protected].

Kindest regards,

JACQUELINE GOODMAN RUBIO

Attorney at Law