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Can I be charged?

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miminaka

Junior Member
What is the name of your state? Calif. My boy friend who is an ex felon was pulled over for a traffic violation, his lic. was suspended, the officer ran his id and said it came back with a warrant from fla on a probation viol. case that is over 21 years old. The officer searched the car and found my registered gun. The weapon was behind the passenger seat, I was not in the car at the time. He is going pro per and wants me to testify that I put the gun in the car while it was parked in my garage and that I forgot to remove it before letting him use my car. What are the chances of him beating his charge of ex felon with a hand gun and am I liable in any way. Can they turn around and charge me with anything after testifying? The prelim is on June 18th and does he have to go before a magistrate on the charge from the other state since this was one of the reasons for the arrest which occured on April 24th.What is the name of your state?
 
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garrula lingua

Senior Member
The only issue for the CA court is the ex-felon with a firearm.

You may also be charged if you so testify; the court will appoint an atty to advise you, prior to allowing you to testify (presuming the DA asks for an offer of proof re your testimony).
You can be arrested and booked in the court hallway. Bring a second driver & bail $.
 

miminaka

Junior Member
Thanks for your response. Should I retain an atty? Who will the DA present the offer of truth to, me or the defendant? Can I just not testify? Can he supoena me?
 

garrula lingua

Senior Member
It's probably the defense attorney who wants you to testify.
You don't have to appear, or testify, unless you are subpoenaed.

It's doubtful that your testimony will help - it is definite that it will make you liable for a charge of carrying a concealed weapon. You can be arrested and charged. This can also impact your future ability to own/possess a gun.

He's in trouble already. You may be, if you become involved.
 

moburkes

Senior Member
It's probably the defense attorney who wants you to testify.
You don't have to appear, or testify, unless you are subpoenaed.

It's doubtful that your testimony will help - it is definite that it will make you liable for a charge of carrying a concealed weapon. You can be arrested and charged. This can also impact your future ability to own/possess a gun.

He's in trouble already. You may be, if you become involved.
What are the laws in regards to a registered gun? OP could have it at home, but not in the car?
 

miminaka

Junior Member
Just trying to find out what my rights are. The felon is the one that's threatning a subpoena. I have never had trouble with the law so I don't know a felon or exfelon or exprisoner. I will take your advice and stay out of it if I don't get the subpoena but if I do can't I not testify because it could incriminate me according to some civil or penal code.
Will I get a chance to talk to the judge. Thanks for advice.
 

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