A traffic stop turned into a search. A roommate's gun was in your car. You bought a firearm legally years ago and didn't realize an old conviction made you a prohibited person. However it started, a gun charge in the Central Valley can escalate quickly from a citation to a felony, and what you do next matters. Request a free consultation before you talk to police.
California firearm law is dense, and the consequences swing hard depending on the facts. Carrying a concealed or loaded weapon, possessing a firearm as someone barred from owning one, or having a gun during another felony can all be charged here in Modesto. Some are wobblers, meaning the DA can file them as a misdemeanor or a felony depending on your record and the circumstances. Worse, using or being armed with a firearm during certain crimes triggers sentencing enhancements that add years of prison time on top of the underlying offense.
As a former Stanislaus County prosecutor, I know how the DA decides which way to charge a wobbler and when they tack on a firearm enhancement to push for more time. I also know the questions that decide these cases: Was the search lawful? Was the gun actually in your possession and control, or just somewhere nearby? Did they prove you knew it was there? I sat in the chair where those filing decisions get made, so I know which weaknesses the office quietly worries about.
The defense frequently begins with the Fourth Amendment. If officers searched your car, your home, or your person without a valid basis, the gun may be suppressed, and a suppressed gun is often the whole case. Beyond that, possession can be joint, constructive, or genuinely someone else's. We test each link the prosecution needs.
Resist the urge to clear things up on the spot. "It's not even mine" feels like it helps and almost always hurts, because now you've admitted you knew about it. Ask for a lawyer and stop.
You want someone who has charged these cases deciding how to defend yours. I won't promise an outcome, but I will fight for the best result the evidence allows and make the DA prove you possessed the gun, that you knew it was there, and that the search was lawful. Request a free consultation.