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Felon in Possession of a Firearm Defense Attorney in Glendale

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Expert Defense Against Felon in Possession of a Firearm, Prohibited Person with a Weapon, Unlawful Firearm Possession & Gun Rights Restoration in Glendale, Burbank, Pasadena, La Cañada Flintridge, La Crescenta & All Los Angeles County

Being charged with felon in possession of a firearm in Glendale, California, is one of the most serious weapon-related offenses you can face. Under California law, this crime carries severe penalties including lengthy prison sentences, substantial fines, and life-altering consequences that extend far beyond the criminal justice system. If you’re a convicted felon accused of possessing, owning, purchasing, or receiving a firearm or ammunition, you’re facing charges that could result in years behind bars and permanent damage to your future.

At Tu Defensor Criminalista, we understand that many people charged with felon in possession offenses are not dangerous criminals but rather individuals who made mistakes, didn’t fully understand California’s complex firearm laws, or found themselves in circumstances beyond their control. Whether the firearm belonged to someone else, you didn’t know it was present, your prior conviction shouldn’t disqualify you from firearm ownership, or law enforcement violated your constitutional rights during the search that discovered the weapon, we’re here to provide the aggressive, knowledgeable defense you need and deserve.

Our experienced criminal defense team has successfully defended countless clients throughout Glendale and Los Angeles County against felon in possession charges. We know how to challenge the prosecution’s evidence, negotiate with prosecutors for reduced charges or alternative sentencing, and when necessary, take cases to trial to fight for acquittal. Your freedom, your future, and your rights matter to us, and we’re committed to achieving the best possible outcome in your case.


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Understanding California’s Felon in Possession Laws

California Penal Code Section 29800[1] makes it illegal for anyone convicted of a felony to own, purchase, receive, or possess any firearm. This prohibition is one of the broadest and most strictly enforced weapon laws in California, applying not only to firearm possession but also to ammunition in many circumstances.

Who Is Prohibited from Possessing Firearms?

Under California law, the following individuals are prohibited from possessing firearms:

  • Convicted Felons: Anyone convicted of any felony offense in California or any other jurisdiction is prohibited from possessing firearms. This includes felonies that seem unrelated to violence or weapons, such as:
    • Drug offenses
    • Fraud and theft crimes
    • Burglary
    • Forgery
    • Grand theft auto
    • Embezzlement
    • Any other felony conviction
  • Individuals Convicted of Specific Misdemeanors: Certain misdemeanor convictions also trigger firearm prohibitions, including:
    • Domestic violence convictions under Penal Code Section 273.5[2]
    • Brandishing a weapon
    • Certain assault offenses
    • Making criminal threats
  • Individuals with Multiple Misdemeanor Convictions: Two or more convictions for brandishing under Penal Code Section 417 within any seven-year period results in a 10-year firearm prohibition.
  • Narcotic Addicts: Individuals addicted to narcotics are prohibited from possessing firearms under Penal Code Section 29800[1].
  • Individuals Subject to Restraining Orders: People subject to certain domestic violence or gun violence restraining orders cannot possess firearms during the order’s duration.
  • Individuals Committed for Mental Health Treatment: Those committed to mental health facilities or found mentally incompetent face firearm prohibitions.

According to the California Department of Justice[3], these prohibited categories are strictly enforced, and violations result in serious criminal charges.

What Constitutes “Possession”?

Understanding what prosecutors must prove regarding possession is crucial to mounting an effective defense. California law recognizes two types of possession:

  • Actual Possession: You have direct physical control over the firearm—it’s on your person, in your hand, in your pocket, or otherwise within your immediate physical control.
  • Constructive Possession: You have control over the firearm or the right to control it, even if it’s not physically on your person. For example, a firearm in your home, your vehicle, or a storage unit you control may constitute constructive possession.

Importantly, mere proximity to a firearm is not enough to prove possession. Prosecutors must prove you had knowledge of the firearm’s presence and the ability to control it.

What Firearms Are Covered?

California’s prohibition applies to all firearms, including:

  • Handguns (revolvers and semi-automatic pistols)
  • Rifles
  • Shotguns
  • Assault weapons
  • Machine guns
  • Any other device designed to be used as a weapon and capable of expelling a projectile through a barrel by force of explosion

The prohibition also extends to ammunition in many circumstances under Penal Code Section 30305[4].

Federal vs. State Law

Felon in possession violations can be prosecuted under both California state law and federal law. 18 U.S.C. § 922(g)[5] is the federal statute prohibiting convicted felons from possessing firearms. Federal prosecution typically occurs when cases involve:

  • Interstate commerce or transportation
  • Particularly serious prior felonies
  • Coordination with federal agencies like ATF
  • Federal property or jurisdiction

Federal penalties are often more severe than state penalties, and federal defendants must serve at least 85% of their sentences.

Penalties for Felon in Possession of a Firearm in Glendale

The consequences of a felon in possession conviction in California are severe and can devastate your life.

California State Penalties

Under California Penal Code Section 29800, felon in possession is a felony offense punishable by:

Prison Sentence:

  • 16 months, two years, or three years in county jail (under California’s realignment law, many offenses are now served in county jail rather than state prison)
  • Actual time served depends on the specific sentence imposed, credits earned, and early release programs

Fines:

  • Up to $10,000 in fines
  • Additional penalty assessments can substantially increase the total amount owed

Formal Probation:

  • In some cases, judges may grant formal probation instead of prison
  • Probation typically includes strict conditions such as search clauses, counseling, community service, and regular meetings with a probation officer

Permanent Firearm Prohibition:

  • Conviction reinforces and extends your prohibition from possessing firearms

Enhanced Penalties

Certain circumstances can result in enhanced penalties:

Prior Serious or Violent Felonies: If you have prior convictions for serious or violent felonies as defined under California’s Three Strikes Law, a felon in possession conviction can count as a strike, potentially doubling your sentence or resulting in 25 years to life for a third strike.

Gang Enhancements: If prosecutors allege the offense was committed for the benefit of a criminal street gang, additional years can be added under Penal Code Section 186.22[6].

Armed with Firearm During Another Crime: If you possessed a firearm while committing another felony, additional sentence enhancements apply.

Federal Penalties

Federal prosecution under 18 U.S.C. § 922(g) carries:

  • Up to 10 years in federal prison
  • Enhanced penalties for certain prior convictions (up to 15 years for violent felonies or serious drug offenses)
  • Mandatory minimum sentences in some circumstances under the Armed Career Criminal Act
  • Substantial fines

Federal sentences are served in federal prison facilities, which are often located far from California, making family visits difficult.

Collateral Consequences

Beyond criminal penalties, a felon in possession conviction creates lasting collateral consequences:

  • Employment: According to the U.S. Equal Employment Opportunity Commission[7], while employers cannot have blanket policies against hiring people with criminal records, they can consider whether convictions are relevant to positions. A second felony conviction creates additional employment barriers, particularly for:
    • Government positions
    • Jobs requiring security clearances
    • Positions in sensitive industries
    • Professional occupations requiring licenses
  • Immigration: For non-citizens, felon in possession convictions are particularly devastating. The U.S. Citizenship and Immigration Services[8] considers firearm offenses serious crimes that can result in:
    • Deportation proceedings
    • Denial of naturalization applications
    • Inadmissibility for future visa applications
    • Mandatory detention during removal proceedings
    • Permanent bars to re-entry
  • Housing: Felony convictions create housing obstacles:
    • Difficulty qualifying for rental housing
    • Disqualification from public housing assistance
    • Challenges obtaining home loans
  • Professional Licensing: Many professional licensing boards deny or revoke licenses based on felony convictions, affecting careers in healthcare, real estate, education, contracting, and other licensed professions.
  • Custody and Parental Rights: Additional felony convictions can affect child custody determinations and parental rights in family court proceedings.
  • Civil Rights: Felony convictions result in loss of voting rights while incarcerated and continued prohibition from firearm ownership.

The Scope of Felon in Possession Prosecutions in Glendale

Glendale, as part of Los Angeles County, sees regular prosecution of felon in possession cases. Understanding the local context helps inform effective defense strategies.

Los Angeles County Statistics

According to the California Department of Justice’s OpenJustice database[9], Los Angeles County reports thousands of weapon-related arrests annually, with felon in possession charges representing a significant portion. These cases are prioritized by prosecutors due to concerns about recidivism and public safety.

The Los Angeles County Sheriff’s Department[10] and local police departments throughout the county, including the Glendale Police Department[11], actively enforce firearm laws and work with federal agencies to identify and prosecute prohibited persons found with firearms.

How Felon in Possession Cases Typically Arise

Most felon in possession cases in Glendale begin in one of several ways:

  • Traffic Stops: Police stop a vehicle for a traffic violation and discover a firearm during the stop or subsequent search. Officers run warrant and records checks that reveal prior felony convictions.
  • Probation or Parole Searches: Individuals on probation or parole are subject to searches without warrants. When officers conduct compliance checks, they sometimes discover firearms.
  • Search Warrants: Police execute search warrants for drugs, stolen property, or other contraband and discover firearms. They then investigate whether occupants have prior felony convictions.
  • Domestic Violence Calls: Police respond to domestic disturbances and discover firearms in homes occupied by prohibited persons.
  • Reporting by Others: Ex-partners, family members, or acquaintances report to police that a convicted felon has firearms.
  • Arrest for Other Crimes: When arrested for other offenses, police may discover firearms on the person or during searches incident to arrest.

Law Enforcement Priorities

Glendale law enforcement prioritizes felon in possession cases involving:

  • Gang Members: Prohibited persons affiliated with criminal street gangs face aggressive prosecution.
  • Domestic Violence Situations: Firearms in homes where domestic violence has occurred or where restraining orders exist receive special attention.
  • Repeat Offenders: Individuals with multiple felony convictions or prior weapon offenses face enhanced scrutiny.
  • Violent Felony Convictions: Those whose prior felonies involved violence are prosecuted more aggressively than those with non-violent prior convictions.
  • Loaded Firearms: Cases involving loaded firearms, particularly in public places or vehicles, are treated more seriously than unloaded firearms stored at home.

Common Defenses to Felon in Possession Charges

Despite the serious nature of these charges, numerous defense strategies can result in dismissed charges, reduced penalties, or acquittal at trial.

Challenging the Prior Conviction

One of the most powerful defenses is challenging whether you actually have a qualifying prior conviction that prohibits firearm possession.

Prior Conviction Reduced to Misdemeanor: Under California Penal Code Section 17(b)[12], certain “wobbler” offenses that can be charged as either felonies or misdemeanors can be reduced to misdemeanors after conviction. If your prior felony was reduced to a misdemeanor before the current offense, you may not be prohibited from possessing firearms.

Prior Conviction Expunged: While expungement under Penal Code Section 1203.4[13] doesn’t automatically restore gun rights for all offenses, it may affect whether the prior conviction qualifies for prohibition purposes, depending on timing and specific circumstances.

Out-of-State Convictions: Prior convictions from other states must qualify as felonies under California law to trigger prohibition. We carefully examine out-of-state convictions to determine whether they meet California’s definition of felony offenses. Sometimes conduct that was a felony in another state would only be a misdemeanor in California.

Pardoned Convictions: If your prior conviction was pardoned by the governor, the pardon may restore your gun rights, eliminating the basis for prohibition.

Certificate of Rehabilitation: Obtaining a Certificate of Rehabilitation can restore gun rights for certain offenses, potentially providing a defense.

Conviction Set Aside or Reversed: If your prior conviction was reversed on appeal, set aside, or otherwise invalidated, you may not be a prohibited person.

Lack of Knowledge of Firearm’s Presence

To convict you of felon in possession, prosecutors must prove you knew the firearm was present. This defense applies when:

  • Someone else placed the firearm in your vehicle without your knowledge
  • You borrowed a vehicle that contained a firearm you didn’t know about
  • You shared a residence with others who owned the firearm
  • The firearm was hidden in a location you weren’t aware of
  • You recently acquired property (car, storage unit, home) and didn’t know a firearm was inside

Lack of Possession or Control

Mere proximity to a firearm isn’t enough to prove possession. We challenge whether you actually possessed or controlled the firearm by arguing:

  • The firearm was in a common area accessible to multiple people
  • Other individuals had equal or greater access to the firearm
  • You didn’t live at the location where the firearm was found
  • The firearm belonged to someone else who maintained control over it
  • You had no ability to access the firearm (locked safe, someone else’s locked room, etc.)

Fourth Amendment Violations

The Fourth Amendment protects against unreasonable searches and seizures. If police violated your constitutional rights, evidence can be suppressed, often resulting in case dismissal.

Illegal Traffic Stops: Police need reasonable suspicion of a traffic violation or criminal activity to stop your vehicle. If the stop was unlawful, everything discovered afterward can be suppressed.

Unlawful Vehicle Searches: Police generally need consent, probable cause, or a warrant to search your vehicle. There are exceptions (search incident to arrest, inventory searches, plain view), but they have limitations.

Illegal Home Searches: Searches of homes require warrants in most circumstances. Exceptions exist (consent, exigent circumstances, search incident to arrest) but are narrowly construed.

Unlawful Probation/Parole Searches: Even though individuals on probation or parole have reduced Fourth Amendment protections, searches must still comply with legal requirements. We examine whether:

  • The search exceeded the scope authorized by probation/parole conditions
  • Officers had reasonable suspicion to conduct the search (when required)
  • Proper procedures were followed

Invalid Consent: If you consented to a search, we examine whether consent was voluntary or coerced through threats, deception, or intimidation.

Momentary Possession for Lawful Purpose

California law recognizes limited exceptions when possession is momentary and for a lawful purpose, such as:

  • Disarming someone to prevent harm
  • Securing a firearm discovered in your property to prevent children from accessing it
  • Taking possession briefly to turn the firearm over to law enforcement

This defense requires proof that possession was truly momentary and for a legitimate protective purpose.

Firearm Not Operable

Some defenses focus on whether the item actually qualifies as a firearm under California law. If the alleged firearm was:

  • Permanently inoperable and incapable of firing
  • Missing essential components that would be required for operation
  • An antique firearm that doesn’t meet the legal definition

It may not qualify as a prohibited firearm.

Violation of Miranda Rights

If police questioned you in custody without reading your Miranda rights and you made incriminating statements, those statements may be suppressed.

Insufficient Evidence

Prosecutors bear the burden of proving every element of the offense beyond a reasonable doubt. We challenge cases where:

  • Evidence is circumstantial or weak
  • The prosecution cannot prove the item was actually a firearm
  • Witnesses provide conflicting accounts
  • Chain of custody for physical evidence is broken
  • Forensic evidence is questionable or inconclusive

Entrapment

In rare cases involving undercover operations or informants, you may have been entrapped—induced by law enforcement to commit a crime you weren’t predisposed to commit.

Illegal Detention or Arrest

If police lacked probable cause to arrest you or reasonable suspicion to detain you, evidence obtained afterward may be suppressed.

The Criminal Justice Process for Felon in Possession Cases in Glendale

Understanding the criminal justice process helps you navigate this challenging time with greater confidence and make informed decisions about your defense.

Arrest and Booking

When arrested for felon in possession in Glendale, you’ll typically be:

  1. Taken into custody at the scene
  2. Transported to the Glendale Police Department for booking
  3. Fingerprinted and photographed
  4. Held in custody pending arraignment

Because felon in possession is a felony and often involves individuals with prior criminal records, bail amounts are typically substantial. According to the Los Angeles County bail schedule, bail for felon in possession charges often ranges from $20,000 to $100,000 or more depending on circumstances and prior convictions.

Arraignment

Your first court appearance is the arraignment, which typically occurs within 48 hours of arrest if you’re in custody. At arraignment:

  • You’re formally notified of the charges against you
  • You enter a plea (guilty, not guilty, or no contest)
  • Bail is set or modified
  • You receive dates for future court proceedings
  • You can request appointment of a public defender if you qualify financially, or retain private counsel

Felon in possession cases in Glendale are typically heard at the Glendale Courthouse, located at 600 East Broadway, or transferred to other Los Angeles County Superior Court locations depending on case complexity and scheduling.

Having an experienced attorney at arraignment provides immediate benefits, including arguing for reduced bail and beginning defense strategy development.

Preliminary Hearing

For felony charges, the prosecution must demonstrate probable cause at a preliminary hearing. This proceeding, typically held within 10-60 days of arraignment depending on custody status, provides crucial opportunities to:

  • Cross-examine prosecution witnesses under oath
  • Assess the strength of the prosecution’s evidence
  • Preserve favorable testimony for potential use at trial
  • Challenge the sufficiency of evidence
  • Identify weaknesses in the prosecution’s case

Preliminary hearings in felon in possession cases often focus on:

  • Whether the item is actually a firearm
  • Whether you possessed or controlled it
  • Whether your prior conviction qualifies for prohibition
  • Whether searches were lawful

Pre-Trial Proceedings

After the preliminary hearing, cases enter the pre-trial phase, which includes:

Discovery: Both sides exchange evidence, including:

  • Police reports and arrest records
  • Records of prior convictions
  • Ballistics reports and forensic analysis
  • Photographs and physical evidence
  • Witness statements
  • Video or audio recordings
  • Your criminal history

Motion Practice: We file strategic motions to:

  • Suppress evidence obtained through illegal searches (PC 1538.5 motions)
  • Dismiss charges for legal insufficiency
  • Compel disclosure of favorable evidence
  • Challenge prior conviction allegations
  • Exclude prejudicial evidence
  • Challenge expert testimony

Plea Negotiations: We negotiate with prosecutors from the Los Angeles County District Attorney’s Office to:

  • Reduce charges to lesser offenses
  • Eliminate or strike prior conviction allegations
  • Secure more favorable sentencing recommendations
  • Arrange alternative sentencing when appropriate
  • Achieve outright dismissals when evidence is weak

Trial

If your case proceeds to trial, you have the right to:

  • A jury trial or court trial (your choice)
  • Confront and cross-examine witnesses against you
  • Present evidence and witnesses in your defense
  • Testify on your own behalf (though you cannot be compelled to testify)
  • Have the prosecution prove every element beyond a reasonable doubt
  • Remain silent without it being held against you

At Tu Defensor Criminalista, we have extensive trial experience and will aggressively advocate for you throughout the trial process, including:

  • Compelling opening statements that frame favorable narratives
  • Effective cross-examination that exposes prosecution weaknesses
  • Clear presentation of defense evidence and witnesses
  • Expert testimony when beneficial
  • Persuasive closing arguments that create reasonable doubt

Sentencing

If convicted or if you accept a plea agreement, sentencing considers multiple factors:

  • Statutory sentencing ranges
  • Your criminal history and prior record
  • Aggravating factors (gang involvement, violence, loaded firearm, public location)
  • Mitigating factors (minimal involvement, cooperation, rehabilitation efforts, family circumstances)
  • Victim impact (if applicable)
  • Pre-sentence investigation reports
  • Arguments from your attorney and the prosecution

We advocate vigorously for the most favorable sentence possible, which may include:

  • Probation instead of custody
  • Lower-term sentencing
  • Credit for time served
  • Alternative custody programs
  • Concurrent rather than consecutive sentences

Special Considerations in Felon in Possession Cases

Certain circumstances create unique challenges requiring specialized approaches.

Multiple Prior Convictions

When you have multiple prior felony convictions, prosecutors may seek enhanced penalties under California’s Three Strikes Law. A felon in possession conviction could count as a second or third strike, resulting in:

  • Doubled sentences for second strikes
  • 25 years to life for third strikes

Fighting strike allegations becomes critically important in these cases.

Gang Allegations

If prosecutors allege the offense was gang-related under Penal Code Section 186.22, additional years are added to your sentence. These allegations require proof that:

  • You’re an active gang member
  • You possessed the firearm for the benefit of the gang
  • The crime was committed in association with gang members

We aggressively challenge gang allegations by:

  • Questioning gang expert qualifications and opinions
  • Challenging the basis for claiming gang membership
  • Demonstrating alternative explanations for your conduct
  • Presenting evidence contradicting gang involvement

Domestic Violence Situations

When felon in possession charges arise from domestic violence incidents, additional complexities include:

  • Coordinated criminal and family court proceedings
  • Restraining order violations
  • Enhanced penalties for domestic violence contexts
  • Child custody implications

Joint Possession Cases

When multiple people are present where a firearm is found, proving who possessed it becomes challenging for prosecutors. These cases often involve:

  • Shared vehicles or residences
  • Conflicting statements from co-defendants
  • Lack of fingerprints or DNA on the weapon
  • Uncertain ownership

We exploit these uncertainties to create reasonable doubt about your possession.

Federal vs. State Prosecution

In some cases, both federal and state prosecutors could charge felon in possession. Factors influencing whether prosecution is federal or state include:

  • Severity of prior convictions
  • Whether the case involves interstate commerce
  • Involvement of federal agencies (ATF, FBI)
  • Prosecutorial resources and priorities
  • Potential sentences under each system

Federal cases generally involve harsher sentences but also different procedural rules that may provide strategic advantages.

Ammunition Possession

Under California Penal Code Section 30305, convicted felons are also prohibited from possessing ammunition. Ammunition possession charges often accompany firearm charges but can also be charged independently. Penalties include:

  • Up to one year in county jail (misdemeanor)
  • Up to three years in jail (felony with prior convictions)

Glendale-Specific Factors

Glendale’s unique characteristics affect how felon in possession cases are investigated and prosecuted.

Local Law Enforcement Practices

The Glendale Police Department employs various strategies that may lead to felon in possession arrests:

  • Traffic enforcement operations
  • Probation and parole compliance checks in partnership with county agencies
  • Response to domestic violence calls
  • Gang enforcement initiatives
  • Coordinated operations with ATF and other federal agencies
  • Community reporting and tips

Geographic and Demographic Factors

Glendale’s location in Los Angeles County means:

  • Cases are prosecuted by the Los Angeles County District Attorney’s Office, one of the nation’s largest prosecutorial agencies
  • High case volumes can affect processing times and negotiation dynamics
  • Specialized vertical prosecution units handle gun crimes
  • Resources are available but require strategic access

Glendale’s diverse population, including significant Armenian, Latino, and Asian communities, creates cultural and linguistic considerations. At Tu Defensor Criminalista, we provide bilingual services in English and Spanish and understand cultural dynamics affecting our clients.

Court System Considerations

The Los Angeles County Superior Court system, including the Glendale Courthouse, handles enormous caseloads. According to the Los Angeles County Superior Court[14], the court processes hundreds of thousands of cases annually. This volume creates both challenges and opportunities:

  • Experienced judges who understand nuances of weapon laws
  • Overburdened prosecutors who may be willing to negotiate reasonable resolutions
  • Established protocols and procedures
  • Long processing times requiring patience and persistence

Restoring Gun Rights After Felony Convictions

Many clients ask whether they can ever legally possess firearms again after a felony conviction. The answer depends on the specific conviction and relief obtained.

Reduction to Misdemeanor

Under California Penal Code Section 17(b), some felony convictions can be reduced to misdemeanors. This applies to “wobbler” offenses that could have been charged as either felonies or misdemeanors. If your prior conviction is reduced to a misdemeanor, it may no longer prohibit firearm possession, though exceptions exist.

Expungement

Under Penal Code Section 1203.4, you can petition for dismissal of your conviction after successfully completing probation. However, expungement has limited effect on gun rights:

  • It doesn’t restore gun rights for most serious felonies
  • It may help with some non-serious felonies
  • It doesn’t affect federal firearm prohibitions

Certificate of Rehabilitation and Pardon

For more serious convictions, obtaining a Certificate of Rehabilitation and a gubernatorial pardon may restore gun rights. This process:

  • Takes several years
  • Requires demonstrating rehabilitation
  • Involves extensive documentation
  • Results in gubernatorial review
  • May restore state gun rights if pardon is granted

Federal Relief

Federal firearm prohibitions under 18 U.S.C. § 922(g) can potentially be relieved through:

  • Presidential pardon (extremely rare)
  • ATF relief from disabilities (program currently unfunded)
  • State restoration of rights that federal law recognizes

The complexity of gun rights restoration makes experienced legal counsel essential.

What to Do If You’re Facing Felon in Possession Charges

Your immediate actions after being arrested or learning you’re under investigation can significantly impact your case outcome.

Exercise Your Constitutional Rights

Right to Remain Silent: Don’t make statements to police without your attorney present. This is critical in felon in possession cases where anything you say about knowing the firearm was present, who it belonged to, or how long you had it can be used against you.

Right to an Attorney: Invoke your Sixth Amendment right to counsel immediately. Don’t answer questions, agree to searches, or make decisions without legal representation.

Right Against Unreasonable Searches: Don’t consent to searches of your home, vehicle, or person. While you shouldn’t physically resist, clearly state you don’t consent.

Don’t Discuss Your Case

Avoid discussing your case with anyone except your attorney:

  • Don’t post on social media about your arrest or circumstances
  • Don’t discuss details with family, friends, or other inmates
  • Remember that jail calls are recorded and monitored
  • Don’t contact alleged victims or witnesses

Gather Information

As soon as possible:

  • Write down everything you remember about the incident
  • Identify potential witnesses who can support your version of events
  • Preserve evidence that may help your defense
  • Document your activities and whereabouts
  • Save any communications related to the case

Don’t Violate Bail or Release Conditions

If released on bail or your own recognizance:

  • Comply with all conditions (staying away from certain people or places, surrendering passport, etc.)
  • Attend all court dates
  • Report to pretrial services as required
  • Don’t commit any new offenses

Violations can result in bail revocation and return to custody.

Seek Legal Representation Immediately

The sooner you have experienced legal representation, the better your chances of a favorable outcome. Early intervention allows your attorney to:

  • Preserve evidence before it’s lost or destroyed
  • Interview witnesses while memories are fresh
  • Investigate circumstances thoroughly
  • Begin negotiations with prosecutors early
  • File timely motions to suppress evidence
  • Advise you on critical decisions

How Tu Defensor Criminalista Defends Felon in Possession Cases

At Tu Defensor Criminalista, we bring extensive experience, thorough preparation, and unwavering commitment to every felon in possession case we handle.

Comprehensive Investigation

We conduct independent investigations that include:

  • Examining all physical evidence and forensic reports
  • Reviewing ballistics analysis and crime lab procedures
  • Investigating the circumstances of the firearm discovery
  • Researching your prior conviction(s) to determine if they qualify for prohibition
  • Interviewing witnesses
  • Visiting relevant locations
  • Consulting experts when necessary (forensic experts, Fourth Amendment specialists, etc.)
  • Reviewing body camera and surveillance footage

Strategic Prior Conviction Analysis

We carefully examine your prior conviction(s) to determine:

  • Whether the conviction qualifies as a felony under California law
  • Whether the conviction was reduced to a misdemeanor
  • Whether the conviction was from another state and meets California standards
  • Whether the conviction was pardoned or set aside
  • Whether you obtained a Certificate of Rehabilitation
  • Whether the conviction was expunged and what effect that has
  • Whether any procedural defects exist in the prior conviction

Fourth Amendment Expertise

Many felon in possession cases involve searches that may violate constitutional rights. We have extensive experience challenging:

  • Illegal traffic stops
  • Unlawful vehicle searches
  • Warrantless home searches
  • Improper probation/parole searches
  • Coerced consent
  • Searches exceeding lawful scope

When Fourth Amendment violations exist, we file motions to suppress evidence, which often results in case dismissal.

Aggressive Negotiation

We leverage our experience, legal knowledge, and relationships with prosecutors to negotiate:

  • Dismissals when evidence is weak or constitutional violations exist
  • Reduced charges to lesser offenses (such as misdemeanor weapon violations)
  • Elimination of prior conviction allegations
  • Alternative sentencing that avoids lengthy prison terms
  • Probation instead of custody when appropriate

Skilled Trial Advocacy

When cases proceed to trial, we provide:

  • Compelling opening statements that create favorable narratives
  • Effective cross-examination exposing prosecution weaknesses
  • Clear presentation of defense evidence and witnesses
  • Expert testimony supporting your defense
  • Persuasive closing arguments creating reasonable doubt
  • Protection of your rights throughout the process

Personalized Client Service

We understand you’re facing one of the most stressful experiences of your life. We provide:

  • Clear explanations of laws, procedures, and your options
  • Bilingual services in English and Spanish
  • Regular case updates and communication
  • Prompt responses to your questions and concerns
  • Honest, realistic assessments of your situation
  • Compassionate support and guidance throughout

Comprehensive Approach

We consider all aspects of your case and circumstances:

  • Criminal consequences and sentencing exposure
  • Immigration implications for non-citizens
  • Impact on employment and professional licenses
  • Family law and custody considerations
  • Possibilities for future gun rights restoration
  • Strategies to minimize collateral consequences

Frequently Asked Questions – Felon in Possession of Firearm

Can I be charged with felon in possession if the gun belonged to someone else?

Yes. If you knowingly possessed or controlled a firearm, ownership is irrelevant. However, if you didn’t know the firearm was present or didn’t have control over it, you may have a strong defense.

What if my prior felony conviction was reduced to a misdemeanor?

If your prior conviction was reduced to a misdemeanor before you possessed the firearm, it may no longer prohibit firearm possession. We carefully analyze the timing and nature of the reduction to determine its effect on current charges.

What if I didn’t know I was prohibited from possessing firearms?

Lack of knowledge that you’re prohibited is generally not a defense. However, if your prior conviction doesn’t actually qualify for prohibition or was set aside, that’s a different issue we can pursue.

Can these charges be reduced to a misdemeanor?

Felon in possession under PC 29800 is always a felony. However, we may be able to negotiate reduced charges to lesser offenses that are misdemeanors, depending on the circumstances and strength of the prosecution’s case.

What if the firearm was found during an illegal search?

If law enforcement violated your Fourth Amendment rights, evidence from the illegal search can be suppressed. Without evidence of the firearm, prosecutors cannot proceed with the case.

How long do I face in prison if convicted?

Standard sentences range from 16 months to three years. However, prior strikes, gang enhancements, or other factors can significantly increase sentences, potentially to 25 years to life in extreme cases.

Can I ever own guns again after a felony conviction?

Potentially, depending on the conviction. Options include reduction to misdemeanor, Certificate of Rehabilitation with pardon, or other relief. The process is complex and time-consuming but may be possible for some convictions.

What’s the difference between state and federal prosecution?

State cases are prosecuted by the Los Angeles County District Attorney in state court, while federal cases are prosecuted by the U.S. Attorney in federal court. Federal sentences are often harsher, and federal law may apply different standards for prohibited persons.

What if I’m on probation or parole?

Being on probation or parole when charged with felon in possession creates additional complications, including potential probation or parole violations, which can result in additional custody time beyond the new offense.

Can I be charged if the gun wasn’t loaded?

Yes. The law prohibits possession of firearms regardless of whether they’re loaded. Separate laws also prohibit ammunition possession by convicted felons.

What if the police didn’t read me my Miranda rights?

Miranda rights are required before custodial interrogation. If police questioned you in custody without reading Miranda rights, your statements may be suppressed, though this doesn’t automatically dismiss the case.

How does this affect my immigration status?

For non-citizens, felon in possession convictions are extremely serious and often result in deportation, denial of naturalization, and inadmissibility for future immigration benefits. Coordinating criminal defense with immigration counsel is critical.

Contact Tu Defensor Criminalista for Glendale Felon in Possession of Firearms Defense

If you’ve been served with a Felon in Possession of Firearms in Glendale, time is running out. Don’t face this crisis alone. Contact Tu Defensor Criminalista immediately for a free, confidential consultation about your case.

Service areasServing All Glendale Communities: Glendale | La Cañada Flintridge | La Crescenta | Montrose | Burbank | North Hollywood | Pasadena | And All Surrounding Communities
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Sources

  1. Penal Code Section 29800 (leginfo.legislature.ca.gov)
  2. Penal Code Section 273.5 (leginfo.legislature.ca.gov)
  3. California Department of Justice (oag.ca.gov)
  4. Penal Code Section 30305 (leginfo.legislature.ca.gov)
  5. 18 U.S.C. § 922(g) (law.cornell.edu)
  6. Penal Code Section 186.22 (leginfo.legislature.ca.gov)
  7. U.S. Equal Employment Opportunity Commission (eeoc.gov)
  8. U.S. Citizenship and Immigration Services (uscis.gov)
  9. California Department of Justice’s OpenJustice database (openjustice.doj.ca.gov)
  10. Los Angeles County Sheriff’s Department (lasd.org)
  11. Glendale Police Department (glendaleca.gov)
  12. Penal Code Section 17(b) (leginfo.legislature.ca.gov)
  13. Penal Code Section 1203.4 (leginfo.legislature.ca.gov)
  14. Los Angeles County Superior Court (lacourt.org)
  15. California Legislative Information – Penal Code Section 29800 (Felon in Possession of Firearm) (leginfo.legislature.ca.gov)
  16. California Legislative Information – Penal Code Section 273.5 (Corporal Injury on Spouse or Cohabitant) (leginfo.legislature.ca.gov)
  17. California Legislative Information – Penal Code Section 30305 (Prohibited Possession of Ammunition) (leginfo.legislature.ca.gov)
  18. California Legislative Information – Penal Code Section 186.22 (California Street Terrorism Enforcement and Prevention Act) (leginfo.legislature.ca.gov)
  19. California Legislative Information – Penal Code Section 17 (Felony, Misdemeanor, and Infraction Classifications) (leginfo.legislature.ca.gov)
  20. California Legislative Information – Penal Code Section 1203.4 (Expungement of Criminal Records) (leginfo.legislature.ca.gov)
  21. California Courts – Juvenile Law Resources (courts.ca.gov)
  22. Cornell Law School – Legal Information Institute (law.cornell.edu)

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Attorney Armando Josué Cespedes is rated 5.0 on Avvo, with 34 five-star reviews from clients praising his dedication, professionalism, and results. Many note how his trial skills and attention to detail led to reduced charges or outright dismissals.

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Armando gets results with your best interest in mind. I was wrongfully being accused of making primal threats. Even though I was innocent, I was aware that the accusations are...
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