Great Result on a Penal Code section 25400(a)(1), “Having Concealed Firearm in Vehicle” and Penal Code section 21810, “Possession of Metal Knuckles” Offenses! No Jail! Dismissed Count!

Recently, in Los Angeles County, my client was arrested for allegedly violating Penal Code section 25400(a)(1), “Having Concealed Firearm in Vehicle” and Penal Code section 21810, “Possession of Metal Knuckles.”

According to the police reports, our client was in a parked car within a residential neighborhood when officers approached his car and made contact with him to cite him for an alleged window tinting Vehicle Code violation. Upon contact with our client, officers stated that they could see a narcotics pipe containing a crystal-like substance resembling methamphetamine. Officers then detained our client for further investigation and as he stepped out of the vehicle, officers observed a pair of black metal knuckles protruding from the driver’s door lower compartment. Officers then stated that they observed a black handgun laying on the floorboard slightly under the driver’s seat. Our client was then arrested for the incident and charges were formally filed against him.

At the arraignment for this matter, the prosecution wanted our client to plea to both of the charged offenses and wanted our client to serve 60 days in county jail and complete 20 days of community labor. We determined, based on an initial review of the police reports, that we may have a meritorious motion to suppress pursuant to Penal Code section 1538.5.

Our office conducted extensive research into whether the alleged window tinting violation on a parked vehicle was sufficient for officers to make contact and search our client. Based on the case law, we decided to file a motion to suppress the evidence seized in this matter (the handgun and the metal knuckles). After our office filed this motion and informally discussed the merits of our motion with the prosecution, the prosecution agreed to allow our client to plea to only the Possession of Metal Knuckles offense for 60 days of community labor in lieu of jail. This resulted in no jail for our client and dismissal of the firearm charge!

This is a great result for our client!

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