May 30, 2013 By Wallin & Klarich

Our Wallin & Klarich client recently avoided jail time after his lawyer negotiated reduced charges for possession of a gambling device pursuant to PC 330a. One of our outstanding criminal defense attorneys persuaded the district attorney to allow his client to plead guilty to a reduced charge under PC 330a after he was found to be in possession of an illegal gambling device. If convicted, the client faced up to 6 months in county jail and a fine of up to $1,000.

“In Orange County, your criminal defense lawyer knows that the court will likely give you a good offer if you have no prior criminal record since you have shown that you are a positive and contributing member of society,” he explained. “There is always the likelihood that the court will be more willing to resolve the case by giving you a better offer than the district attorney’s office.”

The client was charged with possession of a gambling device after law enforcement agents seized the machine. The client was charged with possession of a gambling device under PC 330a. Since the client had no prior criminal record, the district attorney was willing to offer the client 2 years of probation in lieu of any jail time.

While certain criminal defense attorneys might consider this offer, he made it clear to the district attorney that a 2-year probation term was an excessive punishment for such a minor crime. He was able to reduce the offer to one year of informal unsupervised probation after successfully raising this concern with the judge. Ultimately, the client agreed to plead to the reduced charge.

Due to his persistent desire to receive the best possible offer, his client avoided jail time and was sentenced to only half of the probation term outlined in the district attorney’s initial offer.

If you are accused of possessing a gambling device in violation of PC 330a, you need to contact the Law Offices of Wallin & Klarich today. It is important to have an experienced criminal defense law firm that is familiar with California’s gambling laws fighting for your freedom. In pertinent part, PC 330a provides the following:

“Every person, who has in his or her possession or under his or her control…any slot or card machine, contrivance, appliance or mechanical device…as a result of the operation of which any merchandise, money, representative or article of value, check or token, redeemable in or exchangeable for money or any other thing of value, is won or lost or taken, when the result of action or operation of the dice is dependent upon hazard or chance, is guilty of a misdemeanor.”

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