How JustAnswer Works:

  • Ask an Expert
    Experts are full of valuable knowledge and are ready to help with any question. Credentials confirmed by a Fortune 500 verification firm.
  • Get a Professional Answer
    Via email, text message, or notification as you wait on our site.
    Ask follow up questions if you need to.
  • 100% Satisfaction Guarantee
    Rate the answer you receive.

Ask MyraB Your Own Question

MyraB
MyraB, Lawyer
Category: Criminal Law
Satisfied Customers: 371
Experience:  I have over 20 years experience in criminal law and civil litigation from pre-trial practice to appeal.
74614265
Type Your Criminal Law Question Here...
MyraB is online now
A new question is answered every 9 seconds

My husband was driving his fathers car, who was a military

Customer Question

My husband was driving his fathers car, who was a military person that had a military police baton in the locked glove box and got arrested. What would be the natural defense for this? He has never been arrested. Same high finance job for 30 years, what would you say typically happens now? I bailed him out but he still has his court date for having this baton n his locked glove box of his dads car. Now, police were dispatched because he was parked and having coffee in parking lot outside his car next door from where we have been staying (waiting for mother in law to head out to use her parking spot- approximately 10 minutes or so) police showed up and asked ,"what are you doing looking over the fence?" He explained he was waiting for mother in law and me his wife, to leave. The police then came to the door where I was there to confirm that he was my husband and we were staying here which we are and no restraining orders , which there is none. After I confined everything checked out he then went to the car and asked to search(he never asked if the car was registered as his own car) at which my husband agreed for him to do. Police found a collapsible military police baton that his father kept locked in the glove box n his car. My husbands father was a major marine corp vet who's carried job duties as provost martial of Tustin military base, it is legal my husband says for his father to have this. My husband never went in locked glove box so just had no clue really what it even was let Aline it was there. What is your take on how to possibly proceed with this? Any advice or direction will be so helpful and appreciated! What will happen next? How devastating will this affect my husband being a financial securities advisor , felonies affect his licensure! What would the maximum penalty be in this situation ?
Submitted: 1 year ago.
Category: Criminal Law
Expert:  MyraB replied 1 year ago.
Hi. It will be my pleasure to assist you with your question today.

Please let me know the specific crime he is charged with (including the statute, if possible).

Generally, any crime involving possession requires knowledge of the object unlawfully possessed and the ability to exercise control of the object. Without knowledge and the ability to exercise control then a charge of possession cannot be supported. So, to prove a charge of possession in the circumstances you describe, the prosecutor would have to prove beyond a reasonable doubt that your husband knew the baton was in the glove compartment and he had the ability to exercise control of it. When you say the glove box was locked, was it locked such that it needed a key to be opened, or was it just shut?

After I receive the additional information I can address all your questions.
Expert:  MyraB replied 1 year ago.

 

 

I believe your husband was charged under Cal. Pen Code, sec. 22210. If this is not the correct charge, please let me know. Under that section possession of a billy is punishable by imprisonment in a county jail not exceeding one year or imprisonment pursuant to subdivision (h) of Section 1170 (meaning the crime is punishable by 16 months, or two or three years in the county jail). Section 1170(h)(4) retains alternative sentencing options, including pretrial diversion, deferred entry of judgment, or an order granting probation.

The prosecutor has discretion to charge the crime as either a misdemeanor or a felony, depending on the facts of the case and the defendant’s criminal history.

 

 

What would be the natural defense for this?

 

As I stated in my original response possession requires knowledge and the ability to exercise control. If the glove box is unlocked but shut, there may be enough to exercise control, though the circumstance that it is your father’s car and your husband was driving it only for a short time supports that he did not own the baton and he would not have had the ability to control the baton, he had no authority over it. Likewise, the circumstances also don’t support that he had knowledge that it was there.


What happens next?

He will appear at the next court date to enter a plea. You will likely want to retain an attorney prior to the court date, or enter a plea of not guilty and get another court date so that you have the opportunity to consult with an attorney. There are several things that you mention in your question that raise issues regarding a possible motion to suppress evidence resulting from the search. The detention seems to have gone on longer than was reasonable under the circumstances such that the consent to the search may not have been valid and the items seized would be subject to suppression. An attorney will be able to evaluate such issues after he has spoken to you and obtained the police report. He can then give you specific advice based on the unique circumstances of your husband’s case.


Can it affect licensure and how?

Here is the SEC information on Statutory Disqualification and the process for seeking approval, which would be particularly applicable where the crime is unrelated to the securities industry. http://www.sec-oig.gov/Reports/AuditsInspections/2003/363fin.htm

Also, keep in mind that your husband is a long way from a felony conviction at this point. There are options for challenging the charge and, failing that, bargaining to reduce the charge and minimize any impact on his ability to work and continue in his profession. Let your attorney know of your concern so that he will take it into account when advising you as to the best disposition of the case.

I hope this response addresses all your concerns at this point. Please feel free to ask any follow-up questions.

JustAnswer in the News:

 
 
 
Ask-a-doc Web sites: If you've got a quick question, you can try to get an answer from sites that say they have various specialists on hand to give quick answers... Justanswer.com.
JustAnswer.com...has seen a spike since October in legal questions from readers about layoffs, unemployment and severance.
Web sites like justanswer.com/legal
...leave nothing to chance.
Traffic on JustAnswer rose 14 percent...and had nearly 400,000 page views in 30 days...inquiries related to stress, high blood pressure, drinking and heart pain jumped 33 percent.
Tory Johnson, GMA Workplace Contributor, discusses work-from-home jobs, such as JustAnswer in which verified Experts answer people’s questions.
I will tell you that...the things you have to go through to be an Expert are quite rigorous.
 
 
 

What Customers are Saying:

 
 
 
  • Your Expert advise has provided insight on a difficult situation. Thank you so much for the prompt response. I will definitely recommend your website to my friends. Norma Pensacola, FL
< Last | Next >
  • Your Expert advise has provided insight on a difficult situation. Thank you so much for the prompt response. I will definitely recommend your website to my friends. Norma Pensacola, FL
  • Mr. Kaplun clearly had an exceptional understanding of the issue and was able to explain it concisely. I would recommend JustAnswer to anyone. Great service that lives up to its promises! Gary B. Edmond, OK
  • My Expert was fast and seemed to have the answer to my taser question at the tips of her fingers. Communication was excellent. I left feeling confident in her answer. Eric Redwood City, CA
  • I am very pleased with JustAnswer as a place to go for divorce or criminal law knowledge and insight. Michael Wichita, KS
  • PaulMJD helped me with questions I had regarding an urgent legal matter. His answers were excellent. Three H. Houston, TX
  • Anne was extremely helpful. Her information put me in the right direction for action that kept me legal, possible saving me a ton of money in the future. Thank you again, Anne!! Elaine Atlanta, GA
  • It worked great. I had the facts and I presented them to my ex-landlord and she folded and returned my deposit. The 50 bucks I spent with you solved my problem. Tony Apopka, FL
 
 
 

Meet The Experts:

 
 
 
  • Fran L.

    JustAnswer Criminal Law Mentor

    Satisfied Customers:

    8061
    18 yrs of NYC public defense. Extensive arraignment, hearing, trial experience.
< Last | Next >
  • http://ww2.justanswer.com/uploads/RE/retiredlawyer/2012-6-6_19326_franL.64x64.jpg Fran L.'s Avatar

    Fran L.

    JustAnswer Criminal Law Mentor

    Satisfied Customers:

    8061
    18 yrs of NYC public defense. Extensive arraignment, hearing, trial experience.
  • http://ww2.justanswer.com/uploads/RA/ratioscripta/2012-6-13_2955_foto3.64x64.jpg Ely's Avatar

    Ely

    Counselor at Law

    Satisfied Customers:

    2079
    Private practice with focus on family, criminal, PI, consumer protection, and business consultation.
  • http://ww2.justanswer.com/uploads/NA/nathanmoorelaw/2011-5-31_21375_headshotbig.64x64.jpg Nate's Avatar

    Nate

    Lawyer

    Satisfied Customers:

    1625
    Over 10 years of criminal defense practice.
  • http://ww2.justanswer.com/uploads/LA/LawTalk/2012-6-6_17379_LawTalk.64x64.JPG LawTalk's Avatar

    LawTalk

    Lawyer

    Satisfied Customers:

    1434
    30 years legal experience
  • http://ww2.justanswer.com/uploads/PH/philip.simmons/2012-6-7_161915_BIGPhilipSimmons.64x64.jpg P. Simmons's Avatar

    P. Simmons

    Lawyer

    Satisfied Customers:

    1418
    16 yrs. of experience including criminal law.
  • http://ww2.justanswer.com/uploads/marshadjd/2009-6-1_194320_marshajd.jpg Marsha411JD's Avatar

    Marsha411JD

    Lawyer

    Satisfied Customers:

    1380
    Licensed attorney with 27 yrs. exp. in criminal law
  • http://ww2.justanswer.com/uploads/RO/RobertJDFL/2012-6-6_175352_7538220120606.64x64.jpg RobertJDFL's Avatar

    RobertJDFL

    Lawyer

    Satisfied Customers:

    1300
    Experienced in multiple areas of the law.