Our client was stopped by Inglewood police and subsequently charged with felon in possession of a firearm under Penal Code section 29800(a)(1), a prior strike allegation under Penal Code section 1170.12, and resisting or delaying a peace officer under Penal Code section 148(a)(1). The prior-strike allegation meant our client faced significantly enhanced penalties if convicted, on top of the underlying felony exposure.
At the preliminary hearing, the prosecution called officers to testify and sought to admit evidence recovered from the vehicle, including photographs of its interior, a firearm, and suspected narcotics packaging, along with a certified record of our client’s prior record. Rather than simply contesting the facts at the hearing, Attorney Arash Hashemi filed a written motion under Penal Code section 1538.5, arguing that the search of the vehicle that led to discovery of this evidence violated our client’s Fourth Amendment rights.
The court agreed, finding good cause to suppress the evidence obtained during the search. Once the firearm and other physical evidence were excluded, the prosecution no longer had a viable case. The court dismissed the matter in its entirety pursuant to Penal Code section 1385, clearing our client of the firearm possession charge, the resisting charge, and the prior-strike allegation altogether. This case is a reminder that an arrest supported by physical evidence is not the same as a winnable prosecution — if that evidence was obtained unlawfully, it may never reach a jury at all.
A firearm possession charge does not have to end in a conviction. When law enforcement conducts an unlawful search or stop, the evidence it produces may be challenged and excluded before your case ever reaches trial. Being charged as a felon in possession of a firearm, especially with a prior-strike allegation attached, can carry severe consequences, including years in state prison. An early, thorough review of how the evidence against you was obtained can make the difference between a conviction and a full dismissal.
Contact The Law Offices of Arash Hashemi at (310) 448-1529 to speak with a Los Angeles criminal defense attorney with over 20 years of experience. We will evaluate your case, examine whether your rights were violated during the stop or search, and build a defense strategy aimed at the best possible outcome. You can also Schedule a Free Consultation Online at a time that’s convenient for you.
