What could my husband be facing? 6 Answers as of February 12, 2013

My husband was on felony informal probation for insurance fraud. They did probation sweeps 41/2 years later. They found bullets in a drawer that he had had from along time ago. He has no guns. He has no other criminal past. He was arrested for posession of ammunition. He has been in jail for over a week.

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Nelson & Lawless
Nelson & Lawless | Terry Nelson
He's facing Probation/Parole Violation charges that could put him back into prison for the remaining duration of his original sentence, PLUS facing new felony charges of Felon in Possession of Firearm, which carries one or more years in prison. Lucky for him he was not arrested by the feds, because that charge carries mandatory prison sentence under federal law. When questioned, arrested or charged with any crime, the proper questions are, can any evidence obtained in a search or statement be used against you, can you be convicted, and what can you do? No amount of free 'tips and hints' from here or elsewhere are going to effectively help in a legal defense. If you don't know how to represent yourself effectively against an experienced prosecutor intending to convict, then hire an attorney who does, who will try to get a dismissal, charge reduction, diversion, programs, or other decent outcome through motions, plea bargain, or take it to trial if appropriate.
Answer Applies to: California
Replied: 2/12/2013
Law Office of Geoffrey M. Yaryan
Law Office of Geoffrey M. Yaryan | Geoffrey M. Yaryan
He could be sentenced to prison, or have his probation reinstated after serving some custody time.
Answer Applies to: California
Replied: 2/11/2013
Law Office of Peter F. Goldscheider
Law Office of Peter F. Goldscheider | Peter Goldscheider
Theoretically up to the maximum for the felony or felonies for which is on probation. It depends on so many factors his attorney would be a better person to ask.
Answer Applies to: California
Replied: 2/10/2013
Anyiam Law Firm, Inc. | Christian U. Anyiam
You should consult a criminal defense attorney, your husband may be facing a lot if he decides to handle it himself.
Answer Applies to: California
Replied: 2/8/2013
Steven Alpers | Steven Alpers
He could be sentenced to state prison, although I would expect to work out a county jail sentence. He may be in for a number of months.
Answer Applies to: California
Replied: 2/8/2013
    Rizio & Nelson
    Rizio & Nelson | John W. Bussman
    He will probably be charged with the crime of being a felon in possession of ammunition (PC 30305). That offense is a "wobbler", meaning that it can be charged as a misdemeanor or a felony in the prosecutor's discretion. If charged as a misdemeanor, the maximum punishment is 1 year in county jail. If charged as a felony, the maximum punishment could be up to 3 years.
    Answer Applies to: California
    Replied: 2/8/2013
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