Callahan, CA Criminal Defense Law Firms & Lawyers

Yes; however it is risky. Your girlfriend may not possess a firearm at any time. So the real question in your situation is what does it mean to possess a firearm. It is obvious that if a person has the firearm on or about his/her person then that person possesses the firearm. However, there is also a doctrine called constructive possession. An easy example is if you keep a firearm in your glove box or your trunk. One could reasonably say that you, the driver, owner of the car is in constructive possession of the firearm. The same goes for those items that are in your home. Of course the problem arises in a situation when you and she live in the home together and the firearm is stored somewhere in the house. Who possesses the firearm in that instance? It would depend on the facts but a case could be make that your girl friend was in constructive possession, you could imagine similar situations involving a firearm that is left in your car. So while it is technically not a violation of the Brady Act for you to own and possess a firearm in this case, I would advise against it. A violation of the Brady Act is a very serious federal offense that results in several years of incarceration in prison with no right to parole.

What is the worst possible outcome? Jail or prison, depending upon what charges are filed. The charges determine how much time and fines could potentially be imposed if convicted. You'll learn the actual charge[s] and enhancements filed and get copies of all the police reports, evidence and test results when appearing for arraignment at the first court hearing. The only advice that is worth anything is for you to get legal counsel who knows how and what to do to best represent you, using whatever credible facts and evidence you may have for motions and defenses at trial, if necessary. Most cases are 'plea bargained' to avoid the risk of loss at trial and mandatory sentencing to the full term provided in the law upon conviction. The attorney's job is to get a good 'deal' you can live with, or prepare for trial. While the general rule is Records are forever, some CA convictions can be 'expunged' from criminal records by proper application and Petition to the court, but ONLY IF there was no felony prison time sentenced whether served or not, and if it was not for certain listed sexual crimes, and if all terms of sentencing and at least one year of probation are completed, and if there are no new charges pending. If successful, the conviction would be withdrawn and the charges dismissed. Expungement does NOT clear, remove or erase the conviction, but does change the record to show 'conviction reversed and dismissed by expungement'. It doesn't disappear. The conviction is still a 'prior' or 'strike' for purposes of repeat offense. It still shows on your record that is accessible to government agencies, law enforcement and the courts, such as through LiveScan. Expungement specifically does NOT restore firearms rights lost due to felony conviction. Expungement will help in obtaining and keeping employment.

You need to get a lawyer and fight it. Concentrated cannabis refers to hashish, hash made with the butane method is not recognized as medical marijuana.