Facts:
My client is 20 and was out with a friend in downtown St. Petersburg. They stopped off to get some food and then were eating when they saw a homeless man bothering two girls. My client’s friend decided to help the girls and walked over and got the homeless man away from them. That caused the homeless man to get aggressive and follow them. Eventually, my client’s friend pushed the homeless man to the ground. During the incident, his firearm fell onto the ground. As the police approached, my client picked up the firearm and put it in his waistband.
When the police arrived, they asked my client if he had anything on him and he showed them the firearm. Because he was under the age of 21, he was not allowed to have a concealed firearm. He was arrested for felony possession of a concealed firearm and taken to the Pinellas County Jail. He then bonded out and called me.
The Case:
I immediately thought that this case was ridiculous. My client had never been in trouble before. It wasn’t even his firearm.
The law changed in July 2023 that people who are 21 or over can now carry concealed firearms. I knew that this law change was going to help our case. My client was only 5 months away from being 21.
I contacted the prosecutor and explained the situation. My client had a lot going for him and needed a clean record. The prosecutor and I agreed that if my client took a firearm safety class the charge would be dismissed.
The Result:
After I submitted the proof of the completion of the firearm safety class, the charge was dismissed. My client is now eligible to expunge the history of this arrest.