A recent Pennsylvania case shows that even in Los Angeles firearms cases, police must have a solid case before making an arrest.
Los Angeles Criminal Defense Lawyer Vincent Howard recognizes police sometimes make mistakes. We all do. But the mistakes law enforcement officers make can lead to criminal charges that could affect a person for their entire life. An arrest isn't a conviction, but it can still mar a person's record.
Cases involving guns or other types of weapons in Los Angeles can lead to significant penalties, depending on the circumstances of the case. In many situations, prosecutors stack as many charges as possible against a defendant in order to gain an advantage in plea negotiations.
While many cases end up going to trial, in most areas, 95 percent or more of criminal cases end in a plea deal. So, if the state files many charges against a defendant, all with varying maximum penalties, it gives the prosecution the option of offering a medium-range prison deal and forcing the defendant to decide whether or not to gamble on a trial.
But in some cases, the police don't even have good cause to file charges in the first place. Los Angeles Criminal Defense Attorney Vincent Howard believes that seems to have been the case in United States. v. Huet, a Pennsylvania case where a woman was charged with a crime simply because her boyfriend was.
According to court records, in 2008, a federal grand jury indicted the woman and her boyfriend. He was charged with two counts of possession of a firearm by a convicted felon and she was charged with knowingly aiding and abetting the possession of a firearm by a convicted felon.
Within two years, the boyfriend entered a plea to a charge of possession of a firearm by a convicted felon. Later in 2010, the court dismissed the third count of the indictment -- against the girlfriend -- and federal prosecutors appealed.
The case stems from an FBI investigation into a man who was trying to buy illegal guns and explosive devices for criminal activities. During the investigation, undercover agents met the boyfriend and girlfriend, who lived together. In the nine months, agents found evidence connecting the couple to criminal activities.
During a search after a warrant was secured, agents found two weapons in an upstairs bedroom. The girlfriend was legally permitted to possess a firearm, but her boyfriend was convicted in 1999 of a crime that prohibited from owning another firearm. After learning of the raid, the girlfriend said the guns were hers, but agents made the arrests anyway.
The woman's defense attorney sought to dismiss that count of the indictment, which provided no information about how she "aided and abetted" her boyfriend to own the weapons. A judge agreed and dismissed the charge against her.
Yet, despite the lack of evidence against the woman, an appeals court reversed the lower court's dismissal, writing that there was sufficient evidence for the charge to go forward and it wasn't a violation of the Second Amendment right to bear arms. Los Angeles Criminal Defense Attorney Vincent Howard hopes that this case is appealed further because according to the text, it appears there was little evidence proving who actually owned the weapons.
If you or a loved one would like to speak to a criminal defense attorney in Los Angeles or in any of the surrounding areas, contact HOWARD LAW PC for a confidential appointment to discuss your rights. Call 1-800-872-5925.
