my husbnd was charged with a possession of a danderous drug 11377H%26amp;S a concealed firearm 12025(A) (1) PC and a loaded firearm 12031(A) (1) in california what are the possible out come in court? come to find out they have his name and ss# wrong can this be thrown out of court? the loaded firearm was in trunk of car did not belong to him ,it was left after a gun range outting and the concealed firearm was actualy a b b gun. he has never got into trouble before advice needed thank youLegal advice needed!!!!!!?
This is all up to how good the police report was, if the DA wants to prosecute and how good his defense attorney is.
Being charged with something is pretty much only important to setting his bail. The DA will have decide if the charges are legit and will stick. I don't think the 12025(A)(1) will stick as it is a BB gun. Here is the code:
';12025. (a) A person is guilty of carrying a concealed firearm when he or she does any of the following:
(1) Carries concealed within any vehicle which is under his or her control or direction any pistol, revolver, or other firearm capable of being concealed upon the person.';
A BB gun is not a ';firearm';.
I notice that you did not address the 11377HS, so I will have to assume that he had the meth on him. That charge will be ugly enough for his life.
Is all honesty, if his record is clean, up until now, and he's not on parole or probation, it appears as though he's looking at probation.
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