QUESTION

What could my husband be facing?

Asked on Feb 07th, 2013 on Criminal Law - California
More details to this question:
My husband was on felony informal probation for insurance fraud. They did probation sweeps 41/2 years later. They found bullets in a drawer that he had had from along time ago. He has no guns. He has no other criminal past. He was arrested for posession of ammunition. He has been in jail for over a week.
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Answered on Feb 12th, 2013 at 8:18 PM
He's facing Probation/Parole Violation charges that could put him back into prison for the remaining duration of his original sentence, PLUS facing new felony charges of Felon in Possession of Firearm, which carries one or more years in prison. Lucky for him he was not arrested by the feds, because that charge carries mandatory prison sentence under federal law. When questioned, arrested or charged with any crime, the proper questions are, can any evidence obtained in a search or statement be used against you, can you be convicted, and what can you do? No amount of free 'tips and hints' from here or elsewhere are going to effectively help in a legal defense. If you don't know how to represent yourself effectively against an experienced prosecutor intending to convict, then hire an attorney who does, who will try to get a dismissal, charge reduction, diversion, programs, or other decent outcome through motions, plea bargain, or take it to trial if appropriate.

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Answered on Feb 11th, 2013 at 12:54 AM
He could be sentenced to prison, or have his probation reinstated after serving some custody time.

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Answered on Feb 08th, 2013 at 4:30 PM
You should consult a criminal defense attorney, your husband may be facing a lot if he decides to handle it himself.

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Answered on Feb 08th, 2013 at 3:30 PM
He could be sentenced to state prison, although I would expect to work out a county jail sentence. He may be in for a number of months.

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Answered on Feb 08th, 2013 at 3:30 PM
He will probably be charged with the crime of being a felon in possession of ammunition (PC 30305). That offense is a "wobbler", meaning that it can be charged as a misdemeanor or a felony in the prosecutor's discretion. If charged as a misdemeanor, the maximum punishment is 1 year in county jail. If charged as a felony, the maximum punishment could be up to 3 years.

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