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Ely
Ely, Counselor at Law
Category: Legal
Satisfied Customers: 87500
Experience:  Private practice with focus on family, criminal, PI, consumer protection, and business consultation.
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I need a miracle to dismiss the Felony Charge in my life --

Customer Question

I need a miracle to dismiss the Felony Charge in my life -- a person prohibited owning/ possessing ammunition/ firearm pc12316(b)(1). I was charged with a misdemeanor and summary probation for an act of mishandling a firearm prior to this -- when I asked my attorney what I needed to do with my guns and ammunition I was told I could give them to another person (at another house) and to my wife (who hid one it in a storage room at our place of business). When asked what to do about the ammunition I was told that was not a problem. I now know that is not what I was supposed to do. As a result I must go to court and be arraigned on March 10. I did what my attorney advised me to do. However I found out later I needed to "destroy" all these materials or charge ownership in removing them to another. When I learned of this I contacted my attoney who said he would talk to the court / DA about a dismissal; I was call him in 7 days to see how things were going. I need to know what I should do.
Submitted: 4 years ago.
Category: Legal
Expert:  Ely replied 4 years ago.
Hello,



My name is XXXXX XXXXX I am one of JustAnswer's attorneys. I'll be helping you resolve your matter today.



Did you have priors before this?



Customer: replied 4 years ago.
I had no priors before the misdemeanor 2)PC12025(a)(1) on 11-19-09 they said created this to a Felony by breaking my Phobation -
Expert:  Ely replied 4 years ago.
Hang on, so you WERE on probation, and then the ammunition got you into trouble? WHO told you it was ok? Also, WHAT are you charged with now, and what were you charged with that got you on probation? Your question is not clear on this.
Customer: replied 4 years ago.
I was on summary probation from the misdemeanor 2)PC12025(a)(1) on 11-19-09 - ammunition was at my office which my attorney said could be there and box of 22 s were found somewhere in my closet of my master bedroom (I did not know it was there) I had given a shot gun to a friend we had a written agreement for his keeping it for 3 yrs. My wife had a 22 rifle and hid it in a storage room of our store. Neither my friend or my wife had these rifles under their name - the agents said, there was suppose to be a change of ownership and I was not to have ammunition. My attorney knew that all these methods were going to be followed - He had told me that this was alright.


I should mention my attorney felt when I contacted him after having a search of my property the first week in Jan 2010 and the confiscation of the rifles and ammunition occurred, he felt this action was so unrealistic that he told me nothing would materialize and if it did he would represent with no fees.
Expert:  Ely replied 4 years ago.
Is that attorney still representing you, or do you have a different one?
Customer: replied 4 years ago.
He is still representing me. However, since I got poor advise and it got me into this later problem and dont know what I should be doing before the arraignment date. He says he has been trying to work his way up the latter to the DA that issued the charge and I should wait until Wed. this week
Expert:  Ely replied 4 years ago.
What needs to happen is that he basically has to admit that he told you that. Without the "mens rea" of the charge (i.e. you mentally knowing it was wrong), it's likely the Judge will give you a second chance. He'd have to explain to the Judge that he advised you it was ok, or to the DA. It might be not comfortable for him, but it's YOUR best hope. If he refuses to do that, get another attorney and subpoena the old one to admit it (he can't lie under oath). This is your best bet.

Best of luck in your matter. I'm here if you need any more clarification or follow up info.



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Customer: replied 4 years ago.
I am not real clear on this:
"Without the "mens rea" of the charge (i.e. you mentally knowing it was wrong)," meaning I did not know what I was suppose to do under these circumstances and I went on the advise of my attorney?

Is it possible that he can get this dismissed before the arraignment date? If he can not get it dismissed, should I be asking him now if he would explain at the arraignment that he had given me this advise and that is what I had done? If I am given the right to explain myself to the judge and sentenced to jail what is the whole proceedure for needing to get another attorney subpoena the old one. Or does that have to happen before the arraignment?
Expert:  Ely replied 4 years ago.
Your understanding of mens rea is correct. That's your saving grace.It is unlikely he can get it dismissed before arraignment, but the DA may agree to drop the charges on the next hearing.If he refuses to work, hire an new one, and the new one will subpoena the old one FOR you. But nothing will happen before arraignment. Nothing can happen before you plead, which should be, of course, NOT GUILTY.

Best of luck in your matter. I'm here if you need any more clarification or follow up info.



I hope you found my answer helpful, and if so please click on the ORANGE ACCEPT button for my answer. This is the only way for me to get credit for my work. Understand that when you put in your payment info, you still have not paid until you press ACCEPT.



There is no fee for follow up questions should you wish to continue in this thread.



Remember, sometimes the law under which your situation falls does not give you the outcome or the choices you wanted - please understand that this is not the attorney's fault, but the way of circumstance.



There might be a delay between your follow up questions and my answers because I may be helping other clients or taking a break.



Leaving a bonus and positive feedback is not required, but doing so is certainly appreciated!



You can always request me for a future legal consultation through my profile at http://www.justanswer.com/profile.aspx?PF=7286322&FID=7 If you do this, make sure to being the question with “This Question is for Eli…”














Customer: replied 4 years ago.
Would the subpoena of the first attorney occur for the March 10th arraignment or would there be a court date and I would be put in jail waiting another date?
So when you say the DA would drop the charges on the next hearing again does that mean I would be held in jail until that time?
How flexable should the judge be in hearing my position after I say NOT GUILTY?
Expert:  Ely replied 4 years ago.
No, it would be afterwards, and if you plead not guilty, you're NOT going to be put into jail. If you couldn't post bond, you'd be in jail NOW.The Judge is as open minded as the next person, but I cannot predict the outcome. You'll NEED the testimony of your prior attorney to try to get the charges dismissed.

Best of luck in your matter. I'm here if you need any more clarification or follow up info.



I hope you found my answer helpful, and if so please click on the ORANGE ACCEPT button for my answer. This is the only way for me to get credit for my work. Understand that when you put in your payment info, you still have not paid until you press ACCEPT.



There is no fee for follow up questions should you wish to continue in this thread.



Remember, sometimes the law under which your situation falls does not give you the outcome or the choices you wanted - please understand that this is not the attorney's fault, but the way of circumstance.



There might be a delay between your follow up questions and my answers because I may be helping other clients or taking a break.



Leaving a bonus and positive feedback is not required, but doing so is certainly appreciated!



You can always request me for a future legal consultation through my profile at http://www.justanswer.com/profile.aspx?PF=7286322&FID=7 If you do this, make sure to being the question with “This Question is for Eli…”














Customer: replied 4 years ago.
What is the best way to find out how my attorney is going to cooperate regarding supporting that which he told me to do.
What is a fair question at this time to deterimin his position. Might his statement make a difference at the arraignment? At what point should I get other representation? To just say it doesnt seam like he is applying himself -- I dont know what I should expect when I can not see behind the lines.
Expert:  Ely replied 4 years ago.
ASK HIM.That's all you have to do. His explanation would make a difference. Ask him ASAP. If he refuses, fire him and get someone else for the arraignment to begin work immediately.

Best of luck in your matter. I'm here if you need any more clarification or follow up info.



I hope you found my answer helpful, and if so please click on the ORANGE ACCEPT button for my answer. This is the only way for me to get credit for my work. Understand that when you put in your payment info, you still have not paid until you press ACCEPT.



There is no fee for follow up questions should you wish to continue in this thread.



Remember, sometimes the law under which your situation falls does not give you the outcome or the choices you wanted - please understand that this is not the attorney's fault, but the way of circumstance.



There might be a delay between your follow up questions and my answers because I may be helping other clients or taking a break.



Leaving a bonus and positive feedback is not required, but doing so is certainly appreciated!



You can always request me for a future legal consultation through my profile at http://www.justanswer.com/profile.aspx?PF=7286322&FID=7 If you do this, make sure to being the question with “This Question is for Eli…”














Customer: replied 4 years ago.
Might his statement make a difference at the arraignment?
Will anything make a diffeence at the arraignment -- can it be dismissed at that time or must it go to another hearing date?

Could this attorney get a plea even before the arraignment?
Expert:  Ely replied 4 years ago.
Sir, you are asking the same questions over and over.IT WILL NOT BE DISMISSED AT ARRAIGNMENT.ALL YOU DO THERE IS PLEAD NOT GUILTY AND IT'LL BE RESET.

Best of luck in your matter. I'm here if you need any more clarification or follow up info.



I hope you found my answer helpful, and if so please click on the ORANGE ACCEPT button for my answer. This is the only way for me to get credit for my work. Understand that when you put in your payment info, you still have not paid until you press ACCEPT.



There is no fee for follow up questions should you wish to continue in this thread.



Remember, sometimes the law under which your situation falls does not give you the outcome or the choices you wanted - please understand that this is not the attorney's fault, but the way of circumstance.



There might be a delay between your follow up questions and my answers because I may be helping other clients or taking a break.



Leaving a bonus and positive feedback is not required, but doing so is certainly appreciated!



You can always request me for a future legal consultation through my profile at http://www.justanswer.com/profile.aspx?PF=7286322&FID=7 If you do this, make sure to being the question with “This Question is for Eli…”














Customer: replied 4 years ago.
Though you say I am capable of posting bail, and thats why I am not in jail now, will I need to make arrangements for a bond before the arraignment date and have to post bail to leave the court house - What sum of money might I need to have ready? Understand this is very new to me and I dont understand what is going on.
Expert:  Ely replied 4 years ago.
NO YOU WILL NOT NEED TO POST BOND b/c you will not be re-arrested.

Best of luck in your matter. I'm here if you need any more clarification or follow up info.



I hope you found my answer helpful, and if so please click on the ORANGE ACCEPT button for my answer. This is the only way for me to get credit for my work. Understand that when you put in your payment info, you still have not paid until you press ACCEPT.



There is no fee for follow up questions should you wish to continue in this thread.



Remember, sometimes the law under which your situation falls does not give you the outcome or the choices you wanted - please understand that this is not the attorney's fault, but the way of circumstance.



There might be a delay between your follow up questions and my answers because I may be helping other clients or taking a break.



Leaving a bonus and positive feedback is not required, but doing so is certainly appreciated!



You can always request me for a future legal consultation through my profile at http://www.justanswer.com/profile.aspx?PF=7286322&FID=7 If you do this, make sure to being the question with “This Question is for Eli…”














Customer: replied 4 years ago.
Is it not a fair question to ask my attorney why he kept telling me was trying to get this dismissed before the arraignment when in fact that could not occur.

That the best he might be to do is get it dropped before the reset date. Or is that also not possible?

Is the reset date a court hearing with jury etc. or what is that for?
Expert:  Ely replied 4 years ago.
I think your attorney is trying to keep you optimistic, but it will not get dropped at arraignment.

Best of luck in your matter. I'm here if you need any more clarification or follow up info.



I hope you found my answer helpful, and if so please click on the ORANGE ACCEPT button for my answer. This is the only way for me to get credit for my work. Understand that when you put in your payment info, you still have not paid until you press ACCEPT.



There is no fee for follow up questions should you wish to continue in this thread.



Remember, sometimes the law under which your situation falls does not give you the outcome or the choices you wanted - please understand that this is not the attorney's fault, but the way of circumstance.



There might be a delay between your follow up questions and my answers because I may be helping other clients or taking a break.



Leaving a bonus and positive feedback is not required, but doing so is certainly appreciated!



You can always request me for a future legal consultation through my profile at http://www.justanswer.com/profile.aspx?PF=7286322&FID=7 If you do this, make sure to being the question with “This Question is for Eli…”














Customer: replied 4 years ago.
Could you adress the second part of my question, please:
That the best he might be to do is get it dropped before the reset date. Or is that also not possible? Is the reset date a court hearing with jury etc. or what is that for?
Expert:  Ely replied 4 years ago.
I'm sorry, but I can't. I do not know the case that well and that is based on many variables. Guessing would be a disservice to you.
Customer: replied 4 years ago.
reseting a date at the arraignment what does that create, Is it a court hearing with jury etc. or what occurs at that time?
Expert:  Ely replied 4 years ago.
You get about 3 -5 resets where the attorney can negotiate or dismiss the case. If nothing is worked out, then trial is set.

Best of luck in your matter. I'm here if you need any more clarification or follow up info.



I hope you found my answer helpful, and if so please click on the ORANGE ACCEPT button for my answer. This is the only way for me to get credit for my work. Understand that when you put in your payment info, you still have not paid until you press ACCEPT.



There is no fee for follow up questions should you wish to continue in this thread.



Remember, sometimes the law under which your situation falls does not give you the outcome or the choices you wanted - please understand that this is not the attorney's fault, but the way of circumstance.



There might be a delay between your follow up questions and my answers because I may be helping other clients or taking a break.



Leaving a bonus and positive feedback is not required, but doing so is certainly appreciated!



You can always request me for a future legal consultation through my profile at http://www.justanswer.com/profile.aspx?PF=7286322&FID=7 If you do this, make sure to being the question with “This Question is for Eli…”














Ely, Counselor at Law
Category: Legal
Satisfied Customers: 87500
Experience: Private practice with focus on family, criminal, PI, consumer protection, and business consultation.
Ely and 9 other Legal Specialists are ready to help you
Customer: replied 4 years ago.
Ok, so before the next date, which is the reset date, made at this arraignment, my attorney can speak to the DA and the Judge about the circumstances and try to get things worked out - correct?
Customer: replied 4 years ago.
have you been trying to answer this question or not?
Expert:  Ely replied 4 years ago.
I'm here."Ok, so before the next date, which is the reset date, made at this arraignment, my attorney can speak to the DA and the Judge about the circumstances and try to get things worked out - correct?"Correct, the DA and your (new, hopefully) attorney can touch base at arraignment, but don't expect any immediate resolution until the next setting.

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