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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The information in this blog post (“post”) is provided for general informational purposes only, and may not reflect the current law in your jurisdiction. No information contained in this post should be construed as legal advice from Escovar Law, APC or the individual author, nor is it intended to be a substitute for legal counsel on any subject matter. No reader of this post should act or refrain from acting on the basis of any information included in, or accessible through, this Post without seeking the appropriate legal or other professional advice on the particular facts and circumstances at issue from a lawyer licensed in the recipient’s state, country or other appropriate licensing jurisdiction. The information on this website is a communication and is for informational purposes only. The facts of every case are unique and nothing on this page or on this website should be taken as legal advice for any individual case or situation. The information on this website is not intended to create an attorney-client relationship and viewing of this information does not create an attorney-client relationship. The result portrayed in this advertisement was dependent on the facts of this case. Results will differ if based on different facts.

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