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George Gascón was sworn in as Los Angeles County’s new District Attorney on Monday December 7, 2020 and becomes the county’s 43rd district attorney. The goal of the Los Angeles County District Attorney’s Office is to protect public safety. As such, District Attorney George Gascón has taken initiative to begin immediate reform of the criminal justice system by implementing a misdemeanor reform policy directive.
In California, a misdemeanor is a crime that has a maximum sentence of no more than one year in county jail. A misdemeanor is more serious than an infraction but is less serious than a felony. Common examples of misdemeanor crimes include DUIs, shoplifting, public intoxication, and petty theft. A standard California misdemeanor is punishable by up to 6 months in jail and/or a fine of up to $1,000. On the other hand, an aggravated misdemeanor is punishable by up to 364 days in jail and/or a fine of up to $1,000 or more. If the crime is more serious than others, it is an aggravated misdemeanor. Example of an aggravated misdemeanor include domestic battery, driving on a suspended license, and violating a restraining order.
The misdemeanor charges below shall be dismissed before arraignment and without conditions unless exceptions or factors for consideration exist. An arraignment is a hearing where the court formally charges a person who is being under arrest for a crime. The reform policy took effect on December 8, 2020 and will replace prior policies. However, if the following exception or basis for consideration appear, the following misdemeanors may not be let go. Over the previous 24 months, the person charged has committed a similar conduct involving substantially similar behavior to that charged.
Prosecutors have discretion to look at other exceptions or factors for consideration if a person poses an identifiable. There is a continuing threat to another individual or there are other circumstances of similar seriousness. The diversion policy will not apply to offenses excluded under Penal Code §1001.95 and any driving under the influence offenses. Not Dismiss Charges for Trespass -If a person has been a repeat trespasser on the same public or private property in the prior 24 months. If there are no indicators of substance use problem or mental illness, or if the person poses a verifiable and imminent safety concern. Not Dismiss Charges for Disturbing the Peace -If a person is a repeat offender in the past 24 months for substantially comparable behavior to that charged, or if there are no symptoms of substance use problem or mental illness. Not Dismiss Charges for Resisting Arrest -If the defendant is a repeat offender in the previous 24 months for substantially identical behavior to that charged. Alternatively, the charge may have a connection with another conduct not listed above, or it may have a connection with the actual use of physical force against a peace officer. Not Dismiss Charges for Criminal Threats - Charges for criminal threats may not be dismissed if the offense is related to domestic violence or hate crime, it is the person’s repeat threat offense over the prior 24 months, there is documented history of threats towards the victim, the person was in possession of a weapon capable of causing bodily injury or death during the criminal threat, or no indication of substance use disorder and/or mental illness.
Contact our Glendale personal injury lawyer today for a consultation and case review. Please feel free to give our office a call at 310.943.1171.
Closing on a house is the final step before the house legally becomes the buyer’s. The process involves the buyer signing off on the deal and transferring the last of the funds to the seller. At the end of closing, the deed records, and the buyer takes ownership of the home.
In California, an escrow in California is officially closed the day the Grand Deed is recorded in the official records at the County Recorder’s office. The County Clerk date-stamps the deed, which transfers property ownership from the seller to the buyer.
Sellers have obligations to fulfill under the sales contract of selling their home. Some seller's requirements include:
On November 3, 2020, California voted in favor of Proposition 19. Passing this proposition provides a property tax break for older homeowners and raises taxes for those inheriting family properties.
Proposition 58 is currently in effect. It allows parents to transfer a primary residence to their children without any new fair-market reassessment. This applies regardless of how the children chose to use the real property. This allows children to inherit the same property tax basis their parents. They can transfer the primary residence with no cap on the assessed value. Before Proposition 19, secondary properties could transfer with up to $1 million exempt from tax increases.
A tax assessment is the value assigned to real property by the local government to collect taxes that support the community. A fair market assessment is the value of real property based on its potential sale price on the open market.
Proposition 58 is most favorable to families that have owned real property with low assessed values. For instance, a 60-unit apartment complex in the San Francisco Bay Area purchased by a married couple in 1979 may have an assessed value just under $2 million. Under Proposition 58, the couple could transfer this property to their children without reassessment.
The Fair Housing Act (FHA) makes it illegal for various real estate and lending institutions to take part in discriminatory practices against certain groups of people. Entities and occupations subject to FHA regulation include:
All of these institutions are banned from discriminating on the basis of several characteristics. They are:
Put simply, the FHA aims to ensure that institutions in the real estate industry treat people equally and do not discriminate based on the previously mentioned characteristics. Moreover, in all aspects of real estate—such as buying and selling homes, lending home loans, renting properties, and advertising real estate services—the FHA explicitly outlaws discriminatory practices. The FHA explicitly prohibits all covered institutions from discriminating based on race, sex, religion, disability, or familial status. Specifically, this applies when:
Homestead laws protect people from foreclosure or seizure of their homes during times of personal economic hardship. These protections vary by state, but California has relatively strong homestead laws. The law lets homeowners declare a “homestead,” making a portion of the home's equity untouchable by creditors. This protection prevents you from being forced to sell your home, even if you file for bankruptcy or face other economic hardships.
California Code of Civil Procedure section 703.140 lists equity protection limits. The maximum amounts of equity that a homeowner may declare homestead exempted are as follows:
According to California Penal Code Section 236.1, the crime of human trafficking is depriving another person of his personal liberty with the specific intent to obtain forced labor or to violate California’s child pornography, California laws against extortion and blackmail or pimping and pandering laws; trying to persuade a minor to engage in commercial sex acts.
Prosecutor must prove the following elements for convicting a person under Penal Code 236.1(a):
In California, tenants have the right to live in a habitable environment. This requires the landlord to make any repairs to the property that make it uninhabitable. Landlords who rent uninhabitable and dilapidated properties to tenants are commonly called “slumlords.”
If the landlord refuses to correct the violations, the tenant has several legal options. However, before taking action, it is important to notify the landlord in writing of the problem. The notice should describe the problem and demand that it be corrected within a reasonable time. This is usually 30 days, but the time period is shortened if there is a health or safety hazard.
A bump stock is a modification to a firearm that manipulates the stock, trigger and grip on a semi-automatic rifle, using recoil to manipulate the trigger to fire at an accelerated rate of speed when held.
Bump stocks legally define as a “multiburst trigger activator” and can be one of two things:
This device replaces the stock on the firearm with a “reciprocating stock” that stays planted against your shoulder and firmly holding the barrel, the recoil of the firearm moves the trigger back and forth against the weight of your finger, mimicking the automatic rate of fire. Bump stocks were the famous modification used during the Las Vegas strip shooting in 2017. Penal Code 32900 forbids the use of “multiburst trigger activators” in California. California can prosecute possession of any accessory that increases the rate of fire for semi-automatic rifles as a misdemeanor or felony. What happens if you get caught with a bump stock in California? Despite the fact that bump stocks are banned by California state law, there are still detections of such devices in the possession of citizens. It is important to understand how the law works in these situations. Also important to know the consequences of possessing a bump stock. It is not uncommon for law enforcement to find such devices during a search. Or during an inspection related to other violations. However, even if a bump stock is found accidentally, the charges can be extremely serious.
Law enforcement and criminal justice agencies use CLETS, a computer network, to access a person’s criminal history, record, and driving information. Additionally, it helps track and verify vital details during investigations. Moreover, the FBI, DMV, and other government agencies maintain and update this database. California Law Enforcement Telecommunications System information is highly sensitive; therefore, only authorized personnel have access to it. Additionally, the database connects law enforcement agencies to:
These networks allow for all law enforcement agencies to have a way to communicate. Most police vehicles are equipped with a mobile data terminal that connects them to the CLETS network from the car.
California statute Penal Code 29800 makes it a felony offense for a convicted felon, or wanted felon, to be in possession of a firearm. 29800 PC states that “Any person who has been convicted of, or has an outstanding warrant for, a felony under the laws of the United States, the State of California, or any other state, government, or country…or who is addicted to the use of any narcotic drug, and who owns, purchases, receives, or has in possession or under custody or control any firearm is guilty of a felony.” Under this statute, any person convicted or wanted for a felony offense, may not possess a firearm, or they will be in violation of Penal Code 29800.This statute also applies to individuals addicted to narcotic drugs and those with previous firearm offenses.
When closing the deal when buying a home, it is important to consider other key points. That can affect the success of the closing.
Sellers can also consider doing the following, though not obligated to do so:
KAASS LAW guides you through the home closing process, ensuring legal compliance and protecting your rights.
In many cases, certain conditions are included in the purchase contract. These conditions must be met prior to closing. For example, a buyer may insist on a condition that the transaction will not close until the mortgage loan is approved. Similarly, if there are defects discovered during the property inspection. The buyer can demand corrections or cancel the contract. It's important that both parties carefully check that all conditions are met, otherwise the deal may be derailed.
In addition, the buyer must send the balance of the funds in advance of the transaction. This means processing a wire transfer in favor of an escrow agent. This agent is responsible for the safe distribution of the funds. It is also necessary to ensure that the amount of the wire transfer matches the amount specified in the settlement documents. You should also verify the recipient's information to prevent fraud. The Federal Trade Commission (FTC) warns about common scams. related to wire transfers in real estate purchases.
The buyer should conduct a final inspection of the home before finalizing the transaction. This ensures that the seller has fulfilled all agreements. This includes repairs and cleaning. Any discrepancies should be noted before the final documents are signed. Remember, the transfer of title occurs when the county recorder's office records the deed. That action marks the transaction as legally complete. For more information on the rights and obligations of the parties, you can read KAASS LAW article requirements for Los Angeles breach of contract lawsuit.
Proposition 19 replaces Proposition 58. Beginning February 16th, 2021 the ability to transfer $1 million of assessed value of other property that is not the primary residence is completely eliminated.
The ability to transfer a primary residence between parent and child without reassessment will not apply unless two conditions are made. The two conditions are: 1) the parents’ primary residence must also become the child’s primary residence, and 2) the fair market value of the primary residence at the time of transfer cannot exceed the parents’ assessed value by more than $1 million. If, at the time of transfer, the difference between the assessed value and the fair market value of the home is more than $1 million, the new assessed value will be the fair market value less $1 million. For example, if parents purchased a rental property in 1940 for $50,000, and the value of the rental property is more than $1 million when it is transferred to a child after February 16, 2021, the parents’ tax basis does not pass to that child. Therefore, the child will now have to pay the property tax based on the assessed fair market value.
Example of how Prop 19 works: a parent owns a home that is his primary residence and has a rental property in California. The home has an assessed value of $500,000 and a fair market value of $3 million. The rental property also has an assessed value of $500,000 and a fair market value of $2 million. Even though the properties have different fair market values, their property tax liability is similar because they have the same assessed value. The combined annual property tax of both properties with a property tax rate of 1.25% is $12,500. The parent now wishes to transfer both the properties to his daughter.
Before Prop 19: No reassessment on the home or rental property transfer. The parent can transfer the home regardless of value, and the rental property's value is below the $1M threshold. Thus, the combined annual property tax will remain at $12,500. The daughter can use both properties as investment properties without restrictions.
Result with Prop. 19 in Effect: there is an adjustment to the assessed value of the home and a full reassessment on the rental property. The new value is $2 million, as the fair market value exceeds the previous by over $1 million. The rental property’s new assessed value is $2 million, as no exemption applies to non-primary residences. Thus, the new combined annual property tax will be $50,000. If the daughter doesn’t live in the family home, it will be reassessed at $3 million, raising the annual tax to $62,500.
Proposition 19 significantly changes the tax rules for inheriting real estate. Prior to its enactment, parents could pass homes or second homes to their children under Proposition 58. They could change them without changing the tax assessment as long as the value of the property did not exceed a prescribed threshold.
After the passage of Proposition 19, the situation changed. Now, when property is transferred, the tax basis is recalculated if the value exceeds $1 million. This means that heirs who receive property from their parents must pay taxes based on the fair market value of the property. For example, if the value of a home exceeds $1 million, the new estate tax could increase significantly.
An important point for heirs to consider is that if the property received is not the principal residence, it will be subject to a full revaluation. This will result in a significant increase in tax liability. However, if the heirs continue to live in the house transferred to them, they can keep the tax relief. But only if the difference between the market value and the assessed value does not exceed $1 million. For more information on Proposition 19 and its effect on tax liability, contact KAASS LAW.
For more information on Proposition 19 we invite you to contact Our Los Angeles real estate attorney at (310) 943-1171.
You also have the option to sue the entity that discriminated against you. As a result, taking action can entitle you to compensation for any hardship or injury you have endured. Additionally, you have the option to file a complaint with the federal Department of Housing and Urban Development. You can submit it online through their website or mail it directly to them. Specifically, the complaint should include:
Do you feel like you or a loved one have been discriminated against by a real estate agency or licensee? Get in touch with our law firm KAASS Law for legal assistance right away.
Under federal law, victims of housing discrimination must act quickly. It is important to note that there is a limited time frame for filing a lawsuit. Specifically, you may file a complaint with the Department of Housing and Urban Development (HUD). Within one year of the alleged violation. However, if you want to file a civil lawsuit in court, you have two years to file a complaint. Filing a complaint with HUD may suspend the statute of limitations for a court action. Therefore, it is recommended that you consult with an attorney as soon as possible. This will help you avoid all risks, including the risk of losing your right to defend yourself.
If you have been the victim of discrimination, the court may award you various forms of compensation. For example:
In addition, the court may order the wrongdoer to change a policy or practice. This is to prevent similar cases in the future. In some cases, it is also possible to recover attorney's fees. This is especially true if your claim was successful.
Contacting an attorney is the most important and first step in protecting your rights. An attorney can:
An attorney can also determine if the Fair Employment and Housing Act (FEHA) has been violated. This is a California law that complements the federal law. This is especially important if the discrimination occurred within the state.
Real estate discrimination is a serious crime. If you suspect you have been victimized, don't wait. Contact KAASS LAW for a consultation and to protect your rights. We can help you obtain justice and vindicate your legal interests.
If a homeowner owes certain types of debts, they may not be able to qualify for any homestead exemptions on their equity. These debts include:
It is also important to note that homestead laws solely protect the equity in your home, not any other assets you may have. Therefore, you should not assume that the furniture and belongings in your home are protected just because your home has a homestead exemption.
Getting legal help with your homestead declaration is a very good idea, given that California does not require an attorney to file for homestead exemptions. The process is complicated and requires that you send in many documents related to your residence and finances. In addition, your attorney may help you qualify for a higher exemption than you previously thought was possible. KAASS LAW’s experienced attorneys will guide you through the complex process of filing for a homestead exemption.
It is important to understand that the homestead defense in California has several other aspects. That can be helpful in the event of financial hardship.
Keep in mind that in order to take advantage of this protection, you must formally register your right to "homestead". The application process can be quite complicated. It is best to contact an experienced attorney who can help you complete all the necessary paperwork and file the application. It often requires you to provide information about:
To determine the maximum amount of funds that can be protected from creditors. For those who live in a home with more than one person, the protection will extend to a larger amount. For example, if you live with a family that includes children, you can protect up to $100,000. If you are over 65 or disabled, the law increases the limit to $175,000. This can be an important financial tool to save your home in the event of a difficult situation.
However, it is worth remembering that the homestead foreclosure defense is not a one-size-fits-all defense. As mentioned above, there are debts that do not qualify for protection. These include:
These debts are subject to involuntary foreclosure. Despite the assertion of the "homestead" defense. In addition, it is worth noting that the protection only applies to the value of your home. It does not apply to other assets such as cars or bank accounts. This means that if you have other valuable assets, they can be seized in the event of a debt. Even if your home is protected by the homestead law.
If your home is protected by a homestead, it can help you avoid losing your home in bankruptcy. Or other financial problems. However, it's important to realize that this protection does not release you from your mortgage obligations. Or other debts tied to the home. For example, if you don't pay your mortgage, the lender may try to sell the house to cover the debt. Even if a lien is placed on the house. In such cases, the protection covers only the remaining equity after you pay off the mortgage debt.
Homestead laws in California provide important protection for homeowners in the event of financial hardship. These laws help to keep the home and avoid selling it to cover debts. However, it is important to keep in mind the exceptions, such as child support and tax debts. Therefore, it is important to consult with an experienced attorney before applying for a homestead exemption. Who will help to properly execute all the necessary documents. And will also determine the maximum amount that can be protected. The attorneys at KAASS LAW can provide you with expert assistance in the process of applying for homestead protection. And help you maximize your rights to protect your home from foreclosure.
Prosecutor must prove the following elements for convicting a person under Penal Code 236.1(b):
Prosecutor must prove the following elements for convicting a person under Penal Code 236.1(c):
To convict a person under Penal Code Section 236.1 the prosecutor has to prove that he deprived the victim of his personal liberty. However, in case the person can prove that the alleged victim willfully participated and there was no deprivation of personal liberty, he can’t be found guilty of this crime. In some human trafficking cases, a defendant can prove that the alleged victim made the accusation against him for motives of favorable treatment, out of anger, gaining sympathy, or jealously. If the defendant inflicted great bodily injury on a victim he will face an additional term of five, seven, or ten years in prison. In case the defendant had prior convictions for violating California Penal Code 236.1 he will face an additional prison term of five years for each prior violation.
Human trafficking charges can have devastating consequences, not only criminally, but also civilly. Even before a conviction, the accused may face problems such as:
If convicted, the offender must register as a sex offender. This will restrict his or her rights to residency, employment, and freedom of movement. The consequences are particularly severe if there are aggravating circumstances. Such as:
In addition to the mandatory prison sentence, a person may receive additional sentences. They are served consecutively, not concurrently. However, the accused has the right to a defense. Lawyers can challenge key elements of the crime. Such as:
In addition, if the victim committed perjury for personal motives, this can be used as a line of defense. Proper use of evidence and analysis of the client's intentions help attorneys build a strong defense strategy. Therefore, it is important to seek legal counsel as soon as possible. At KAASS LAW our experienced attorneys can help you with Penal code Section 236.1. Timely action can play a key role in a favorable outcome of the case.
It's important to remember. Consult an attorney before making any decision. Infringements may seem obvious, but only an expert can assess the chances of success. KAASS LAW will help you understand your rights and develop a competent defense strategy.
The law requires an owner of a rental property to make any repairs that would cause the property to be uninhabitable for any reason. California Civil Code section 1941.1 and section 1941.3 describes several requirements needed for a home to be habitable. They include:
A "nuisance" is something reasonably dangerous or obnoxious that the landlord allows on the premises. These nuisances do not necessarily have to be in a tenant’s living area; instead, they could be anywhere on the landlord’s property. For instance, some examples of this include:
A property owner does not have to repair damages that are too minor to affect the habitability of the home. For example, a leaky faucet may annoy a property owner, but it does not qualify as a characteristic of an uninhabitable home. Every rental contract is different, and it is common for an agreement to state that landlords must pay for minor repairs even if they do not legally interfere with a property’s habitability. Check your rental contract for special clauses that make the property owner cover repairs that are solely aesthetic.
This happens when the property’s habitability drops so low that the tenant has no choice but to move out. Some examples include:
If your landlord has constructively evicted you, you can recover damages for yourself and your belongings. Additionally, you may receive a refund for the rent you paid during the months you dealt with the issue. If your living conditions were so bad that you had to move out, it’s important to seek legal help to pursue financial compensation. KAASS LAW can provide expert legal assistance if you face uninhabitable living conditions.
There are many ways to fight against a Bump Stock charge. One defense is proving the defendant was in lawful possession of the bump stock. A defense could argue the defendant possessed the bump stock while taking it to law enforcement for disposal. Ignorance of possession or not being the owner of the bump stock also leaves room for charges to be dropped. One of the best defenses is through police misconduct. If law enforcement obtained the bump stock through illegal search, coerced confession, or planted evidence, the court may dismiss charges.
Bump Stocks do not convert semi-automatic rifles into automatic ones, although they allow a semi-automatic rifle to fire like an automatic one. Under federal law, Attorney General Mathew Whitaker signed a bill defining weapons with bump stocks as machine guns. You may however legally own a bump stock in California if:
If a person is charged with possession of a bump stock, the punishment will depend on the circumstances of the case. In some cases, the charge may qualify as a misdemeanor. This can result in a fine and up to one year in county jail. However, if there are aggravating circumstances such as:
the charge may escalate to a felony. In this case, the possible punishment ranges from 18 months to 3 years in prison. In addition, under federal law, possession of a bump stock can result in a penalty of up to 10 years in prison and a fine of up to $250,000. The penalties for selling or distributing such devices are particularly severe. However, there are several defenses. For example, if a person self-reported the device to the police or was unaware of its existence. The defense may be able to obtain a reduced sentence or dismissal of the charges altogether. A defense based on unlawful police action is also common. Such as:
You can contact KAASS LAW for advice and defense in bump stock cases.
For more information about bump stock laws and to schedule your free consultation, contact Los Angeles Criminal Defense Attorney at KAASS LAW at (310) 943-1171. We are located at 815 E. Colorado Street Unit 220, Glendale, CA 91205 with additional offices in Los Angeles located at 633 West 5th St., 26th Floor, Los Angeles, CA 90071.
If you have heard of a CLETS Order, you might be referring to different types of restraining orders. They have this name because the CLETS database enters them. A California Law Enforcement Telecommunications System Order can include anything from:
Given the amount of data stored in CLETS, it is necessary to set limitations on when you can access certain information. Instances of misusing CLETS can include:
Abuse of CLETS violates Penal Codes 11141-11143 and 13302-13304, making it a crime to misuse state and local summary criminal history. Felony penalties may apply under Government Code 6200. The DOJ will investigate misuse, and the California Attorney General will review the case.
Violations involving access to the CLETS system are taken very seriously at both the state and federal level. Any attempt to illegally access or use the data may result in criminal penalties. If a law enforcement officer uses the system to obtain information about someone without a legitimate reason, it could be considered a dereliction of duty. Even one-time personal use of CLETS may result in:
However, if you are accused of illegally accessing the CLETS system or the CORI database, there are a number of defenses available. One common line of defense is to claim that the access was made in error. Or that it was part of a legitimate investigation. An attorney may be able to prove a lack of malice if the employee obtained the information as part of a job assignment. It is also possible to challenge the legality of the investigation itself. Especially if there were procedural violations. Such as:
In such cases, the lawyer will help develop a defense strategy based on the facts and the admissibility of the evidence. In addition, CLETS and CORI training is recommended for all law enforcement officers to prevent such allegations. This helps ensure compliance with the law. It also protects employees from potential legal consequences. If you are confronted with allegations of illegal use of CLETS or CORI, it is important to seek legal advice quickly.
Misuse of CLETS or CORI can have serious professional and personal consequences. For example, a conviction may remain on your record. This can negatively affect future employment opportunities. Especially in law enforcement or other government agencies. It may also result in:
This is especially true for employees with security clearances. The employer may consider even the suspicion of a violation as grounds for termination. Therefore, at the first sign of an investigation, it is necessary to contact an attorney immediately.
A qualified attorney will not only help you build the right defense strategy, but will also help ensure that all of your rights are respected. KAASS LAW has extensive experience and is ready to fight for your reputation and your freedom. Do not underestimate the seriousness of these charges. Timely legal assistance can dramatically change the course of a case.
CORI information can also be found through CLETS. CORI is defined in Penal Code 11075 as a database of compiled records and data that allow law enforcement officers to identify criminal offenders. Contains CORI information like:
The same penalties apply to the misuse of CORI; individuals cannot use it for personal reasons. The DOJ and California Attorney General will also investigate misuse. Moreover, they will pursue appropriate legal action if needed. KAASS LAW can assist you if you face charges related to the misuse of CLETS or CORI.
Penalties for a conviction under Penal Code 29800 may result in:
Defendants can argue against a charge for violation of this statute by proving momentary possession, justifiable possession and illegal search and seizure.
Expungement for a violation of California Penal Code 29800 can be provided given that the defendant completed the jail term and/or probation period. Expungement cannot apply to serious sex offenders or former inmates of a California State Prison.
A defendant can reclaim gun rights by reducing their felony charges to a misdemeanor. This can happen with a wobbler offense. A defendant can petition the court to reduce a felony wobbler to a misdemeanor.
Federal law prohibits the following people from owning a gun:
KAASS LAW can assist if you face charges under California Penal Code 29800 for possessing a firearm as a felon.
In addition to the basic criminal penalties, a conviction under PC 29800 can have other serious consequences. For example, a conviction for weapons possession can seriously affect:
This is especially true for non-residents of the United States - they may face deportation or denial of naturalization. It is also important to understand that a conviction under this article may be used as an aggravating factor in future offenses. This may result in harsher penalties for repeat arrests. Especially if the case involves violence or illegal weapons.
If you are facing charges under PC 29800, it is important to contact an attorney as soon as possible. He or she can evaluate:
For example, evidence may be excluded if the police searched without a warrant or probable cause. Another line of defense is lack of knowing possession of a gun. If the gun was in a shared residence but did not belong to the defendant, the defense attorney may be able to prove that the client did not intend to possess the gun. A strategy to reduce the charges is also possible. If the court finds that the crime falls into the wobbler category, the attorney can move to reclassify it as a misdemeanor. This opens the door to probation and subsequent expungement. The attorneys at KAASS LAW are highly experienced. They are prepared to defend your rights in court. Do not delay a consultation - timely action can change the outcome of the case.