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CrimDefense, CriminalDefenseAtty
Category: Criminal Law
Satisfied Customers: 26783
Experience:  10+ years defending Misdemeanor and Felony cases.
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I was arrested for a loaded sawed off shotgun in vehicle, my

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I was arrested for a loaded sawed off shotgun in vehicle, my very 1 st offense, what penalty may I expect?
Hi! I will be the professional that will be helping you today. I look forward to providing you with information to help solve your problem.
Good morning. I certainly understand the situation and your concern. Would you mind sharing with me the code/statute which you were charged with? It should be on the citation you were issued.
Customer: replied 3 years ago.
33215 p c
25850 (a) p c
Customer: replied 3 years ago.
Calif. penal code 33215
Calif penal code 25859
Thank you for the additional information. Since you are a first time offender, both charges are punishable by up to a year in jail and/or a fine. However, it does not mean that the court will impose that sentence if you go to trial and lose or if you take a plea deal. In a situation like this, it would need to first be determined if the officer had a legal right to stop and search you vehicle. If they did not, a motion to suppress could be filed, which if granted, could result in the shotgun not coming into evidence and the State likely having to dismiss the case. If everything was legal and you have no defense, then you may want to consider a plea deal. For a first time offender, the court would likely impose a probationary sentence rather then any jail time and could also request the shotgun forfeited and you perform community service. The lowest sentence that could be imposed would be a fine but as a result of the shotgun being sawed off and loaded, the State may have some concerns, which could result in probation.
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Customer: replied 3 years ago.
When I was pulled over by an unmarked or undercover officer, they said "I was driving erratically", there was no alcohol or drug test, they made me get on the ground and and saw the gun on the back seat, and then proceeded to dismantle and search my car, there was no citation for any vehicle code violation? Is this "reasonable or justified?
It is interesting since they should have issued a citation to support the stop. Moreover, the officer should be able to describe your driving pattern and what was "erratic" about it, since he may be making it up, to justify the stop. If there was no accompanying citation, you could have a possible motion to file. If the officer can justify the stop, it would then need to be determined if the gun was in plaint view or if the officer had to first search the vehicle and if he had a basis to do that as well.
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