warrant issued, arrested

[resqpro]

What is the name of your state (only U.S. law)? California

I was in the middle of a job and traded some of the payment to me with a couple of BB guns. The job went sour and I returned the money to her. However she stated that one of the guns was an actual gun. I looked at it closely and was able to determine which one was a gun and returned it to my attorney and he in turn gave it back. I wanted documentation of the return.
am an ex felon from 1988 and did not want any problems. She went to the gun store to sell it and then went to the police and told them I possessed the gun. A warrant was issued for ex felon with a gun and I was arrested. What defese can I use? Any suggestions?

 

[outonbail]

Your post doesn't make any sense. Are you saying that these guns were yours to begin with and you sold, or "traded" them to someone for money?

Then that person returned them to you for their money back and informed you that one of them was a real gun and not a BB gun?

You're expecting people to believe that when you had possession of these guns, you couldn't tell one of them was a real gun and not a BB gun?

That is kind of like saying you had two bicycles and one of them turned out to be a motorcycle.
How could you not know one of them was a real gun? Didn't you ever hold them and handle them, maybe even shoot them?

At the very least, read what is stamped into the gun itself, like the make, model, caliber and serial number? I would have expected anyone selling a gun, be it BB or otherwise, would have written a receipt for them, with the identifying information spelled out on the receipt.

Were these by any chance stolen guns and on the police hot sheet?

What did your attorney say about your situation?

I think you need to clarify your post a little and be sure your being truthful about everything, including why and under what circumstances this girl would have gone to the police to tell them you were a felon in possession of a gun.

 

[resqpro]

I was working for a lady who traded construction work for two guns and money. I was given one rifle that was a pellet gun, brake barrel type pump gun and then the next day she gave me a small hand gun type that had the same feature of brake barrell. I did not think twice about it, it was missing a part and I felt it needed repair or something.
She did not like my work and asked me to give her the money and the items back. I gave the items and the money to my family law attorney, he gave them to her.
She then went to the police and told them I had the gun and contracted with her without a license. The police took the gun and her statement, they issued a warrant for my arrest.

I did not think that she would give me a real gun , just a bb gun as the first item was a break barrel type of pellet gun I thought the second was the same, it had a large hole in the bottom of the handle and was missing a piece and I didn't think too much of it.

They are not stolen. I never shot them, it was pretty quick from the time I received them to the time I returned them. I did not feel there was a need to get a receipt for them as I thought they were BB guns

I have to tell you , there is no reason to lie, I had possesion of the guns she gave me , that is true, I returned it immediately to her when I realized it was not a pellet gun.

Thanks in advance of your response I appreciate your time

 

[outonbail]

I was working for a lady who traded construction work for two guns and money. I was given one rifle that was a pellet gun, brake barrel type pump gun and then the next day she gave me a small hand gun type that had the same feature of brake barrell. I did not think twice about it, it was missing a part and I felt it needed repair or something.

I don't know what sounds more ridiculous, a felon who can't distinguish the difference between a BB gun and a hand gun that fires center fire cartridges, or a felon who isn't supposed to have any weapons, trading construction work for any type of gun.

She did not like my work and asked me to give her the money and the items back.

What was she expecting to get from a felon who would accept a broken gun for payment of his services, her home on the cover of better homes & gardens?

for I gave the items and the money to my family law attorney, he gave them to her.

This little piece of information is the tell tale clue that there is a lot more going on here than trading broken guns for inferior construction work! How did a family law attorney enter the picture and why would he take on the responsibility of returning broken guns and money to your unhappy customer? Was this person a mother in law or family member of your ex-wife?

She then went to the police and told them I had the gun and contracted with her without a license.

She did this after your family law attorney gave her money back (and broken gun(s)? Another sign of much more going on here than unhappy customer gets full refund.

The police took the gun and her statement, they issued a warrant for my arrest.

What was the warrant issued for, contracting without a license, felon in possession of a firearm, felon stealing guns and money from customer when customer wasn't looking?

I did not think that she would give me a real gun , just a bb gun as the first item was a break barrel type of pellet gun I thought the second was the same, it had a large hole in the bottom of the handle and was missing a piece and I didn't think too much of it.

I don't think the customer would give you a gun either. Maybe when they weren't looking, but why in the world would anyone even try to pay someone with a broken handgun and a BB gun? It makes absolutely no sense whatsoever. This whole act of ignorance, "It had a bigger hole, yada, yada, yada, but I thought nothing of it" isn't going to fly in a court room, I can assure you. If you're a felon your probably not even supposed to have a BB gun, so why in the world would you accept any type of gun?
I don't know if you're trying to test run your BS story here to see if anyone swallows it, or if you're just dumber than a box of rocks. But either way, I'd say that you need a criminal defense attorney, much more than a family law attorney.

They are not stolen. I never shot them, it was pretty quick from the time I received them to the time I returned them. I did not feel there was a need to get a receipt for them as I thought they were BB guns

I imagine it's also pretty hard to get a receipt for something the owner didn't know you took from their home.

I have to tell you , there is no reason to lie, I had possesion of the guns she gave me , that is true, I returned it immediately to her when I realized it was not a pellet gun.

Thanks in advance of your response I appreciate your time

There it is! The inevitable conflicting story. It never fails, when someone is spinning a story in an attempt to make themselves appear innocent, they always slip up.

In case you don't know what I'm referring to, you first claimed you returned the guns and money through your FL attorney because, "She did not like my work and asked me to give her the money and the items back.

Now however, it's, " I returned it immediately to her when I realized it was not a pellet gun."

If you really want legal advise for the situation you find yourself in, you need to just post the truth. Coming up with this story isn't going to help you at all. If you were working on this woman's home and decided to help yourself to her personal property, then say so.

But I can assure you that no one on this site and no one in court is going to buy what your selling. So do yourself a favor and start telling the truth. This will also be a favor to us, as we will not be wasting our time responding to a fairytale!

 

[resqpro]

truth

I am sorry for wasting your time. I expected a little less critical response. Thank you for your input.

 

[outonbail]

I am sorry for wasting your time. I expected a little less critical response. Thank you for your input.

I wasn't trying to be so critical, but either you have to come up with a better story than this, or begin your post with, "Once upon a time"

I don't think any judge is going to be sold on your explanation either,,,,, but I've been wrong before,,, so good luck!