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Felon In Possession of a Firearm in San Diego – Criminal Attorney David P. Shapiro


– Hi, my name is David P. Shapiro. I am a San Diego criminal lawyer. I am also the owner
and managing partner of the Law Office of David P. Shapiro located in San Diego, California. My firm helps good people
regain control of their future when charged with a crime. And today I want to discuss with you the crime of being a felon
in possession of a firearm. As other videos that
I’ve done have alluded to when you are convicted of a felony, you lose your ability to possess a firearm for life. It may be different if
your felony gets reduced to a misdemeanor in the future, but let’s assume you have
a felony on your record. Under no set of circumstances
can you possess a firearm. So, what we see when someone’s charged as being a felon in
possession of a firearm usually involves one or two situations. It usually involves if you’re
on probation for a felony, probation does a search of your home, and they find a firearm. Well naturally, the
firearm’s not going to be registered to you because you wouldn’t
be able to register it to yourself as a convicted felon, but it might be registered
to somebody else, it may be hot, it may
have the serial numbers shaved off, there’s many
different ways it could be. It could also be something you might have had registered to yourself
years ago and just never turned it in, and
fell through the cracks as far as paperwork
goes, but the reality is if you’re convicted of
a felony, you can not possess a firearm in
the state of California. Another type of situation is, is if that the allegation is that a firearm was used in the commission of a new offense. So you get hooked up on a new offense, and it’s alleged you used a firearm. Even if everything else, you know, far more serious charges
are unable to be proven. Or if you’re in fact, factually
innocent of those charges you still have a problem if they can prove that you possessed a firearm. So, let’s say for an example you know you’re accused of flashing
a firearm at somebody or shooting at somebody and you’re proven you know, factually innocent of that. That was totally made up. But as a result of that investigation cops hit your house, they find a firearm in your house. It may have nothing to do
with those allegations. You’re going down and you got a problem on the felony possession of a firearm. We also see it in situations where you may have no record, but you might have controlled substances on
you and a nearby firearm. That can be charged as a felony as well. So, definitely, something to keep in mind. The best thing you could do when under investigation or are
being charged for being a felon in possession of a firearm; keep your mouth closed,
don’t admit to things. Just politely decline to
answer any questions before next thing you know, you start admitting that you knew about the felony conviction, you knew you couldn’t have a firearm, you knew that that firearm was yours or that it was yours or
that you were using it, and you really hurt your chances of having a successful outcome in court. The next thing you could
do is hire a quality, locally experienced
criminal defense law firm to help you through this process because the fact that
… just by the nature of being charged as a felon
in possession of a firearm that usually means you have
a prior felony conviction. So the punishments
usually go up over time, so you need the best
people to represent you, the best staff, the best attorneys. We believe we are one
of the best law firms, if not, the best law firm in San Diego dealing with criminal defense, and if you want our help we encourage
you to give us a call: 619-295-3555.

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