Possession Of A Destructive Device - Penal Code 18710
It's not uncommon for individuals to find themselves facing a serious charge of possession of a destructive device, which essentially means they're accused of having a bomb. This is a grave crime that requires immediate legal attention.
Prosecutors and judges take these cases very seriously. They will prosecute the person charged with this crime and try to send them to prison for as long as possible. Unfortunately, the destructive device I usually see is not a bomb.
I've seen people charged with big firecrackers because the police were mad at them for some reason. They found some stupid firecracker in their backyard and tried to charge them with this particular Section.
So, the bottom line is that having an attorney in these cases is crucial, especially if you didn't possess what we would typically think of as a destructive device/bomb and had something else for some other purpose than to blow things up in an unlawful manner, which this Penal Code Section protects against.
Reviewing Your Case
So, if you're charged with possession of a destructive device under Penal Code 18710 PC, the first thing you need to do is sit down with an attorney who has been down this road before, who's handled these types of cases before, knows how to deal with the judges and prosecutors, and also knows the rules about how the prosecutors prove this type of crime. Your attorney will guide you through the entire defense process, from reviewing the evidence to building a strong defense strategy.
Because many defenses can be asserted against this crime, for example, the police and prosecutors will have to show that this was an operational device that could have been used to blow something up.
I recently had a case where the police found a giant firecracker in my client's backyard. They destroyed the firecracker by blowing it up themselves. Still, they never checked to confirm that what they were characterizing as a destructive device could blow up without them blowing it up.
They didn't videotape the device's destruction, so the defense couldn't get their expert and argue that it wasn't a destructive device. Ultimately, that case was dismissed.
What are the Defenses?
As indicated above, one defense is that whatever is found is not a destructive device. The prosecutors can't prove that it was capable of blowing up. So, the police need to follow specific steps and procedures when they deal with these destructive devices, and if they don't follow the proper procedures, then the defense will be able to challenge this type of charge against the client.
Understandably, they need to blow something up that could be dangerous. Still, in doing so, they must prove that whatever they blew up was a destructive device.
They should videotape whatever they're blowing up, take pictures of it, and do whatever else is necessary so that a defense expert can determine whether or not this really is a destructive device in the future. In the example above, they destroyed the evidence the defense could use to prove it wasn't.
So, the key to defenses to this particular charge is – really, is this a bomb meant to do some damage other than some lawful purpose? If the person possesses something, there is a lawful purpose.
If there are surrounding circumstances and evidence that this person is not going to use this destructive device to do anything unlawful, then a criminal defense attorney can either get the case dismissed, get a different charge, or a lesser charge—do some damage control and get this matter resolved fairly.
There is potential for a positive resolution, and we will work towards that. Your active participation in this process is key to achieving the best possible outcome.
So, I have you come into the office, sit down, and go over everything. I would like you to be honest with me, not leave any details out, and not put a spin on the case. Your honesty is crucial in helping us determine the best course of action. Could you tell me precisely what this device was and why you had it? Your active participation in this process is key to achieving the best possible outcome.
I'll let you know how you can help me in this case and what I can do to help you. Once we lay everything out on the table, I'll give you a feel for what you're looking at. Then, you and I will work together to execute a plan that gets you out of the judicial system as fast as possible and hopefully gets your case dismissed.
If it's not possible, we will get you the lowest possible sentence based on the circumstances of your case. Your active participation in this process is key to achieving the best possible outcome.
If it's not possible to get your case dismissed, we will work to get you the lowest possible sentence based on the circumstances of your case. Your active participation in this process, including providing honest and detailed information, is key to achieving the best possible outcome for your case.
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