Anyone with experience in PLEA BARGAINS in California on a 12025(a) CARRYING A CONCEALED WEAPON?

I know every criminal out there says "I didn't do it" but in this case I REALLY didn't.... I do not have the thousands of dollars for a private attorney and our local public defenders office is... over burdened to say the least. So in short I am wondering if anyone has direct knowledge of plea bargains offered at arraignment? I have a clean record and hoping to have it reduced to an infraction or dismissed after some sort of class etc. as a conviction would seriously harm my career. Spare the lectures and BS, I have a witness that proves that I am not guilty and such, but that is not the point. I am not looking for the stress and time of a trial so....

Thanks!!

Contra Costa County, if it helps

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  • Anonymous
    1 decade ago
    Favorite Answer

    First off: the county you are in is of no significance. It's the state that matters. Second: don't go any futher in your legal proceedings without representation, even if it's an overburdened and overworked assistant public defender.

    The penal code in question you cited, you did not say which subsection you were being cited with. Here is the entire 12025:

    (a) A person is guilty of carrying a concealed firearm when he or she does any of the following:

    (1) Carries concealed within any vehicle which is under his or her control or direction any pistol, revolver, or other firearm capable of being concealed upon the person.

    (2) Carries concealed upon his or her person any pistol, revolver, or other firearm capable of being concealed upon the person.

    (3) Causes to be carried concealed within any vehicle in which he or she is an occupant any pistol, revolver, or other firearm capable of being concealed upon the person.

    (b) Carrying a concealed firearm in violation of this section is punishable, as follows:

    (1) Where the person previously has been convicted of any felony, or of any crime made punishable by this chapter, as a felony.

    (2) Where the firearm is stolen and the person knew or had reasonable cause to believe that it was stolen, as a felony.

    (3) Where the person is an active participant in a criminal street gang, as defined in subdivision (a) of Section 186.22, under the Street Terrorism Enforcement and Prevention Act (Chapter 11 (commencing with Section 186.20) of Title 7 of Part 1), as a felony.

    (4) Where the person is not in lawful possession of the firearm, as defined in this section, or the person is within a class of persons prohibited from possessing or acquiring a firearm pursuant to Section 12021 or 12021.1 of this code or Section 8100 or 8103 of the Welfare and Institutions Code, as a felony.

    (5) Where the person has been convicted of a crime against a person or property, or of a narcotics or dangerous drug violation, by imprisonment in the state prison, or by imprisonment in a county jail not to exceed one year, by a fine not to exceed one thousand dollars ($1,000), or by both that imprisonment and fine.

    (6) By imprisonment in the state prison, or by imprisonment in a county jail not to exceed one year, by a fine not to exceed one thousand dollars ($1,000), or by both that fine and imprisonment if both of the following conditions are met:

    (A) Both the pistol, revolver, or other firearm capable of being concealed upon the person and the unexpended ammunition capable of being discharged from that firearm are either in the immediate possession of the person or readily accessible to that person, or the pistol, revolver, or other firearm capable of being concealed upon the person is loaded as defined in subdivision (g) of Section 12031.

    (B) The person is not listed with the Department of Justice pursuant to paragraph (1) of subdivision (c) of Section 11106, as the registered owner of that pistol, revolver, or other firearm capable of being concealed upon the person.

    (7) In all cases other than those specified in paragraphs (1) to (6), inclusive, by imprisonment in a county jail not to exceed one year, by a fine not to exceed one thousand dollars ($1,000), or by both that imprisonment and fine.

    (c) A peace officer may arrest a person for a violation of paragraph (6) of subdivision (b) if the peace officer has probable cause to believe that the person is not listed with the Department of Justice pursuant to paragraph (1) of subdivision (c) of Section 11106 as the registered owner of the pistol, revolver, or other firearm capable of being concealed upon the person, and one or more of the conditions in subparagraph (A) of paragraph (6) of subdivision (b) is met.

    (d) (1) Every person convicted under this section who previously has been convicted of a misdemeanor offense enumerated in Section 12001.6 shall be punished by imprisonment in a county jail for at least three months and not exceeding six months, or, if granted probation, or if the execution or imposition of sentence is suspended, it shall be a condition thereof that he or she be imprisoned in a county jail for at least three months.

    (2) Every person convicted under this section who has previously been convicted of any felony, or of any crime made punishable by this chapter, if probation is granted, or if the execution or imposition of sentence is suspended, it shall be a condition thereof that he or she be imprisoned in a county jail for not less than three months.

    (e) The court shall apply the three-month minimum sentence as specified in subdivision (d) , except in unusual cases where the interests of justice would best be served by granting probation or suspending the imposition or execution of sentence without the minimum imprisonment required in subdivision (d) or by granting probation or suspending the imposition or execution of sentence with conditions other than those set for

  • Chris
    Lv 6
    1 decade ago

    You need an attorney. Either get a public defender or pay for an attorney. Depending on your felony status and the circumstances of your arrest, the crime you are charged with could land you in jail for a decade or more. Criminal defense attorneys are willing to set up payment plans if you need help. Criminal defense attorneys are one of the things you should not skimp on.

    What exactly is your witness going to testify to? If you were arrested with a weapon on you at the time, you're going to get crucified in trial. It will be worse when the word of the police officer is admitted against the word of your "friend." The problems will be amplified when the prosecutor objects to every other question you ask because you don't understand the procedure rules in the state.

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