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California Weapon Offenses

8/27/2013

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Los Angeles Firearms Attorney
LOS ANGELES WEAPON ATTORNEY
Carrying a concealed weapon or having an unlicensed firearm in your home or car can lead to serious felony charges.  An attorney with experience in suppression motions can assert your Fourth Amendment rights and get your case dismissed if the police lacked probable cause for a search.  Some examples of weapons offenses include: PC 25400 (carrying a concealed weapon), PC 25850 (carrying a loaded firearm in public), PC 29800 (felon in possession of a firearm), PC 30600 (assault weapon ban), PC 626.9 (possession of a firearm on school grounds) and PC 16590 (generally prohibited weapons), PC 21310 (carrying a concealed dirk or dagger), PC 417 (brandishing a weapon or firearm), PC 12022 (armed with a firearm during the commission of a felony), PC 12022.2 (possessing armor-penetrating ammunition), PC 12202.3 (using or possessing a firearm during certain specified sex crimes), PC 12022.4 (furnishing another with a firearm to aid in a felony), PC 12022.5, (personal use of a firearm during commission of a felony), PC 12022.53 (personal use of a firearm during the commission of a serious felony), 12022.55 (discharging a firearm from a vehilce), HS 11370.1, PC 29800 (felon in possession of a firearm) and more.

Weapon offenses often carry serious felony convictions,
jail or prison time, future weapon restrictions and severe immigration consequences.  If you've been arrested or charged with a weapon offense, it is important to hire a passionate, aggressive and knowledgeable criminal defense attorney to defend you.

As with all possession offenses, possession of a firearm or other weapon is most effectively defended with a motion to suppress evidence.  If police lack probable cause or the necessary warrant for a search, your criminal defense lawyer can file a motion to have the evidence suppressed.  Without the physical evidence, many possessory offenses lack evidence and must be dismissed. 


Because many CA weapon offenses are possessory offenses, they can be difficult to defend, and skilled representation is key to helping you get the best result possible in your case.  If you have been arrested or charged with a crime, contact a Los Angeles Criminal Defense Attorney for a free consultation.

EXAMPLE:
Jacques is pulled over for speeding.  Jacques is not a US Citizen and has a loaded firearm under his driver seat.  Police ask Jacques if he knows why he is being pulled over.  He responds that he does not, denying speeding.  The officer then asks Jacques to step out of the vehicle.  Jacques drives an expensive car and the officer suspects that
there might be drugs in the car.  Upon searching the car, without a warrant, the officer observes the handgun under the seat.

The officer here violated Jacques' Fourth Amendment rights.  The problem is that the same officer will write the report.  In the report, the officer can bolster the evidence of guilt or even lie about having seen the firearm in plain sight.  Without effective representation, Jacques may never know that his rights were violated or that the case against him might get thrown out.
  Because Jacques is not a US citizen, a conviction of the gun charge will be considered an aggravated felony and subject Jacques to deportation.

At arraignment Jacques' attorney will get a copy of the police reports and immediately request more evidence from the police be turned over, including the dash video camera system often on police cars (MVARS).  Jacques' attorney will then use the additional evidence to point out that the officers violated Jacques' rights.  Over one of the next few court dates, Jacques' Los Angeles Criminal Defense Attorney
will file a motion to suppress the evidence and show the court, through effective cross examination and independent investigation, that the police violate the Fourth amendment.  The evidence, and the case, will be thrown out.


If you have been arrested or charged with a weapon offense in Los Angeles or nearby in Southern California, contact the Law Offices of Nicholas Loncar for a free consultation.  213-375-3775

IMPORTANT LINKS:
LA Sheriff's Inmate Locator 
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Los Angeles Police Department
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Nicholas M. Loncar, Esq. 
Los Angeles Criminal Defense Attorney
t: 213-375-3775 | f: 213-375-3099
Mobile: 323-803-4352 
[email protected]
1200 Wilshire Blvd | Suite 406
Los Angeles, CA | 90017
www.iDefendLosAngeles.com

By Nicholas Loncar

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