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Concealed Firearm Possession.. After I Called 911 about Client's Property Break-in Weapons, Guns, Firearms

Discussion in 'Criminal Charges' started by HandymanCA, Oct 11, 2018.

  1. HandymanCA

    HandymanCA Law Topic Starter New Member

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    Jurisdiction:
    California
    Arrived in the morning last week at 80yo client's residence - that I'm fixing for sale - find it had been broken into and possible movement inside.
    I called 911. Police responded, checked my ID, checked for villains, appeared they had fled, wrote up report, and I thought they left.
    While repairing locks, elderly client/owner (just retired/relocated few hours away inland) finally returned my call by midday, saying bring a certain bag she hid away there as it could be dangerous if anyone else gets their hands on first.
    After leaving for home to wash up then drop off client/owner's belongings, cops followed me home.. which felt safe! That is, until flashed and told me get out of vehicle.
    I immediately told them I was the one who called 911 on trespassers, and that client /owner later told me transport her precious belongings as she indicated it could be dangerous if trespassers get hands on first.
    Cops conducted illegal search of vehicle anyway and pretended like I didn't just tell them anything. Then indicated my client's bag contains a 'concealed weapon' registered to her not me. Impounded my work vehicle. Searched, ramsacked my residence illegally too! (Found nothing illegal of course) then placed me under arrest with 35k bail.
    I am being charged with concealed possession of firearm.
    I feel like this is the epitome of being framed and then 'shooting the messenger' while not literally, practically, nonetheless. Client says will stand as key witness and throw book back at em, unless they silence her first.
    To add expense to the 3.5k bail bond, PD blocked me from collecting my car from impound inexplicably for a whole week, making me pay over 1.2k in total storage fees just to get my vehicle back. Now I am broke and my arraignment is in 72 hours where they will likely try to make a plea bargain to keep the us prison industry booming.
    What did I do wrong and how do I find low/no income affordable or probono SoCal legal defense?
    Thanks in advance for your help!
    -Handyman in Police State.
     
  2. army judge

    army judge Super Moderator

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    I think you know what the police allege you did wrong.

    However, wrongs don't get people arrested.

    Allegations of crimes will subject a person to arrest and prosecution.

    You appear at the arraignment, plead NOT guilty, don't discuss any aspect of the charge, ask the judge if you qualify for a public defender.

    Don't discuss this incident with anyone but your attorney, once you hire one, or the public defender is appointed to represent you.

    Based solely upon your recitation of events, you have a shot at a reduced charge, perhaps even an acquittal.

    Therefore, I suggest you shut up, then lawyer up!
     
    HandymanCA likes this.
  3. mightymoose

    mightymoose Moderator

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    I agree that based on what you provided it does not appear likely the evidence against you will result in much of anything.... but there are lots of details missing that could change things.

    You don't have to answer or explain, but the manner in which the police gained access to the weapon concealed inside a bag inside your vehicle is very important.

    Their justification for searching your home is very suspect unless you are on probation or parole, but I don't think you are or else you likely would have had different offenses and still be in custody.

    There are very important unanswered questions within this scenario. Legal counsel will help sort through it. The court will appoint an attorney if you can not afford one. You can talk with counsel about being compensated for tow costs and other expenses if the case is dismissed or otherwise not prosecuted.
     
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  4. HandymanCA

    HandymanCA Law Topic Starter New Member

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    Keen questions, Mightymoose! Prior to all this I had heard that it is now sadly somehow the norm that someone on probation or parole is 'fair game' in many an entire squad of cops eyes, under guise of search for drugs/weapons/etc, to have their place gutted of all valuables, including iphones, laptops, cash, jewelry, and entire vehicles, all never to be seen again.
    Since am neither, now see first-hand that these illegal search/sieze acts are spreading to even civilians being done the same; in my case I have now learned if you call the cops and they can't locate a suspect, then at least whoever called 911 may be suspect to illegally being probed and prod until some technical illegality is found with them, at least. In Mexico and Vietnam, that is a reason why people warn there against stopping to help a person on the road, because if police there can't find another suspect, you become the only one so are thrown in jail indefinitely over there. Somehow, over here is becoming like over there.
    Meanwhile actual crimes -perhaps ones that are to risky to intervene in - are allowed to happen left and right with blinders on. But I digress about police corruption since its is only an element of my case and not the whole nor only reason I am being charged.

    For I have now found out that concealed carry in CA is permitted in a vehicle only if it kept in a lockbox. Alas, I did not have permission from my employer to go through her moving boxes and bags, just orders to get them out of her vandalized unsecure former home urgently for safety sake so she could close and just move on. Last thing she wanted to do was tell buyers to delay the transactional closing because their new property was broken into.
    I suppose cops would claim I was or could have been stealing my client's property, including her firearm, as she was not immediately present during the move, hustle and bustle. However, then why is she my key defense witness?
    And last I checked, it's not unheard of for elderly folks to forget this and that, but for it, that non-compliance, to be pinned on them (or someone else, in this case, me) as 'criminal' or a 'felony' is outrageous.
    Sure sounds like practice for martial law governance where most anything that has to do with bearing arms - despite the right - is subject to arrest. Coming to a city near you? Hence now I see why people practically have to 'call their lawyer' for most everything in this new state of confiscating even registered pieces while turning a blind eye to real crimes and picking on the weak and staying out of hardcore criminals' activity for their own personal sake. Hence the country having the highest gun homicide rate of all developed nations despite ever increasing so called 'enforcement'.

    Thanks for the advice all; yes will secure an affordable atty or at least public defender.
    I'd file a complaint at local PD but I've heard of too instances where death threats and gangstalking by squads of officers ensues, so will hold off on that and see what attorney advises in due course. Thanks again!

    Sorry to had gone way off on a tangent/commentary in my question but its just that its sinking in, how making a little honest mistake in judgement or whatever nowadays while doing one's job and the right thing in urgent good faith to keep property out of vandals hands, nevertheless legally 'backfires' in today's overly litigious, police state!
     
  5. mightymoose

    mightymoose Moderator

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    While this is true, you have a reasonable defense that you were unaware of the contents of the bag, only transporting it at the request of the employer. Knowledge of the concealed weapon is not specifically addressed in the statute, so you may find some wiggle room to argue a defense.

    Not likely. The owner's testimony would contradict those claims and support yours. This information should have been easily available to police conducting a basic investigation.

    You will need to discuss with an attorney the manner in which police found the gun and how they came to search your home. There is a lot to investigate here to determine if police actions were justified. All anyone here can do is speculate.
     
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