PDA

View Full Version : Need a Lawyer


bu-bye
04-19-2007, 8:34 AM
Turns out a buddy of mine has a felony on his record from 20 years ago that he did not know about. He was young and did something stupid and did know until now that it was a felony. Well he wants to buy a firearm now and would like to get this felony expunged and needs a lawyer who can do this. He is afraid that if he calls any old lawyer in our area this lawyer might not be pro gun and therefore not do his or her best to get his 2nd amendment rights back.

Do any of you know any lawyers around Santa Cruz, San Jose, Monterey that you could recommend?

Thanks

Serpentine
04-19-2007, 8:46 AM
Call Don Kilmer in San Jose. He's about the best you can get in CA for firearm issues. (408) 264-8489

bwiese
04-19-2007, 10:27 AM
Yeah if the felony is nonviolent, and esp if an alternate misdemeanor charge exists (?), there's a chance a 17(b) motion could be filed.

I met a young guy (mid 20s) at a gunshop a few weeks ago who'd gotten caught up in something stupid when he was younger- some kinda stoopid high-school prank got charged as a felony. He was actually able to file his own 17b paperwork and got things recategorized as misdmeanor, thus allowing firearms rights to be restored. The DOJ was rejecting his gun purchases initiallly until they saw his info.

[Now it could be that he was a juvenile when this was done, which coulda changed/benefitted his situation, not sure.]

Nevertheless, I would not advise doing this yourself and getting an attorney to do it.

I think if there's any violent aspect to crime there's (as it should be) zero chance of 17(b) going thru.

But there's lotsa dumb kids who got popped for selling a bit of pot when they were dumb, and didn't fight the case because they got felony & no jail time instead of getting a lawyer, paying larger fine, getting misdemeanor and some weekends of orange-coat road warrior work. This kinda thing can help them out after they mature.

bu-bye
04-19-2007, 12:24 PM
Thanks guys. I'm not sure what trouble he got into but I do know that he did no jail time and did community service. This trouble happened in his early 20's and he is now in his 40's. I'll pass this info to him.

Thanks again

edwardm
04-19-2007, 12:58 PM
For a 17(b)(3) reduction, the original offense at the time it was charged has to have been an alternate felony-misdemeanor, aka wobbler. There are wobblers in this state that involve violence, and they can (in the court's discretion) be reduced to a misdemeanor. There might be other prohibitions (like the 10 year misdemeanor ones) that then kick in, so it's best to research the specifics. Plus, you can't have ever spent time in state prison for the offense.

The only (minor) drawback with a 17(b)(3) is that currently it takes CalDOJ 7-9 months after receiving the disposition from the court to actually make entry. I chased one down that went to CalDOJ in 9/2005 and didn't get to BCI/Records until 4/2006. There may be an exception for counties that electronically transmit the disposition, but I can't substantiate that.

Yeah if the felony is nonviolent, and esp if an alternate misdemeanor charge exists (?), there's a chance a 17(b) motion could be filed.

I met a young guy (mid 20s) at a gunshop a few weeks ago who'd gotten caught up in something stupid when he was younger- some kinda stoopid high-school prank got charged as a felony. He was actually able to file his own 17b paperwork and got things recategorized as misdmeanor, thus allowing firearms rights to be restored. The DOJ was rejecting his gun purchases initiallly until they saw his info.

[Now it could be that he was a juvenile when this was done, which coulda changed/benefitted his situation, not sure.]

Nevertheless, I would not advise doing this yourself and getting an attorney to do it.

I think if there's any violent aspect to crime there's (as it should be) zero chance of 17(b) going thru.

But there's lotsa dumb kids who got popped for selling a bit of pot when they were dumb, and didn't fight the case because they got felony & no jail time instead of getting a lawyer, paying larger fine, getting misdemeanor and some weekends of orange-coat road warrior work. This kinda thing can help them out after they mature.